[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39862-39864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19001]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[AD-FRL-5270-3]
Clean Air Act Final Interim Approval of the Operating Permits
Program for the Sacramento Metropolitan Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: The EPA is promulgating interim approval of the title V
operating permits program submitted by the Sacramento Metropolitan Air
Quality Management District (District) for the purpose of complying
with federal requirements that mandate that states develop, and submit
to EPA, programs for issuing operating permits to all major stationary
sources and to certain other sources. In addition, today's action
grants final approval to the District's mechanism for receiving
delegation of section 112 standards as promulgated.
EFFECTIVE DATE: September 5, 1995.
ADDRESSES: Copies of the District's submittals and other supporting
information used in developing the final approvals are available for
inspection during normal business hours at the following location: U.S.
Environmental Protection Agency, Region IX, Air & Toxics Division, 75
Hawthorne Street, San Francisco, CA 94105.
FOR FURTHER INFORMATION CONTACT: Ed Pike (telephone 415/744-1248), 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
Title V of the 1990 Clean Air Act Amendments (sections 501-507 of
the Clean Air Act (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 June 6, 1995, EPA proposed interim approval of the operating
permits program for the Sacramento Metropolitan Air Quality Management
District. See 60 FR 29809. 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. EPA did not receive any comments on the proposal. In this
notice, EPA is promulgating interim approval of the District's
operating permits program and approving the section 112(g) and section
112(l) mechanisms.
II. Final Action and Implications
A. Title V Operating Permits Program
The EPA is promulgating interim approval of Sacramento's title V
operating permits program as submitted on August 1, 1994. The
District's program substantially, but not fully, meets the requirements
of part 70 and meets the interim approval requirements under 40 CFR
70.4. The program revisions necessary for full approval are unchanged
from the proposal. See 60 FR 29809 (June 6, 1995).
The scope of this approval of the District's part 70 program
applies to all part 70 sources (as defined in the approved program)
within Sacramento County except any sources of air
[[Page 39863]]
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 Act; 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
September 4, 1997. During this interim approval period, the District is
protected from sanctions, and EPA is not obligated to promulgate,
administer and enforce a federal operating permits program in the
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 Sacramento fails to submit a complete corrective program for
full approval by March 4, 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 the District, 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, the
District still has not submitted a corrective program that EPA has
found complete, a second sanction will be required.
If EPA disapproves Sacramento'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 the District, 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 sanction, the
District 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
Sacramento 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 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 the District upon interim approval
expiration.
B. County Preconstruction Permit Program Implementing Section 112(g)
EPA is approving the use of Sacramento's preconstruction review
program found in the District's preconstruction permitting program
(rule 202) and the District's New Source Review Guidelines for Toxics
(Appendix B-6 of the submittal) as a mechanism to implement section
112(g) during the transition period between promulgation of EPA's
section 112(g) rule and the District's adoption of rules specifically
designed to implement section 112(g). This approval is limited to the
implementation of the 112(g) rule and is effective only during any
transition time between the effective date of the 112(g) rule and the
adoption of specific rules by the District to implement 112(g). The
final 112(g) rule will determine the deadline for Sacramento to adopt a
112(g) rule.
C. 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 the
District'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.
III. Administrative Requirements
A. Docket
Copies of the Sacramento's submittal and other information relied
upon for the final interim approval, including the public comment
letter received by EPA, are contained in the docket 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
review under Executive Order 12866 review.
C. Regulatory Flexibility Act
The EPA's action under section 502 of the Act does not create any
new requirements, but simply addresses 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,
[[Page 39864]]
no additional costs to state, local, or tribal governments, or to the
private sector, result from this action.
List of Subjects in 40 CFR Part 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Hazardous substances, Intergovernmental
relations, Operating permits, Reporting and recordkeeping requirements.
Dated: July 21, 1995.
John Wise,
Acting Regional Administrator.
Part 70, title 40 of the Code of Federal Regulations is amended as
follows:
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 (w) to the
entry for California as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
(w) the Sacramento Metropolitan Air Quality Management District:
(complete submittal received on August 1, 1994); interim approval
effective on September 5, 1995; interim approval expires September
4, 1997.
* * * * *
[FR Doc. 95-19001 Filed 8-3-95; 8:45 am]
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