[Federal Register Volume 63, Number 184 (Wednesday, September 23, 1998)]
[Rules and Regulations]
[Pages 50766-50769]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-25330]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 206-0096a; FRL-6164-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Placer County Air Pollution Control
District
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. The revisions concern negative
declarations from the Placer County Air Pollution Control District
(PCAPCD) for seven source categories that emit volatile organic
compounds (VOC) and five source categories that emit oxides of nitrogen
(NOX). The PCAPCD has certified that these source categories
are not present in the District and this information is being added to
the federally approved State Implementation Plan (SIP). The intended
effect of approving these negative declarations is to meet the
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).
Thus, EPA is finalizing the approval of these revisions 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 November 23, 1998 without further
notice, unless EPA receives adverse comments by October 23, 1998. If
EPA receives such comments, it will publish a timely withdrawal in the
Federal Register informing the public that this rule will not take
effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel,
Rulemaking Office, Air Division, (AIR-4) at the address below. Copies
of the submitted negative declarations are available for public
inspection at EPA's Region IX office and also at the following
locations during normal business hours.
[[Page 50767]]
Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M''
Street, S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
Placer County Air Pollution Control District, 11464 ``B'' Avenue,
Auburn, CA 95603
FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, 75 Hawthorne
Street, San Francisco, CA 94105, Telephone: (415) 744-1184.
SUPPLEMENTARY INFORMATION:
I. Applicability
The revisions being approved as additional information for the
California SIP include seven negative declarations for VOC source
categories from the PCAPCD: (1) aerospace coatings, (2) industrial
waste water treatment, (3) plastic parts coatings (business machines),
(4) plastic parts coatings (other), (5) shipbuilding and repair, (6)
synthetic organic chemical manufacturing (SOCMI)--batch plants, and (7)
SOCMI--reactors. The revision also includes five negative declarations
for NOX source categories from the PCAPCD: (1) Nitric and
Adipic Acid Manufacturing Plants, (2) Utility Boilers, (3) Cement
Manufacturing Plants, (4) Glass Manufacturing Plants, and (5) Iron and
Steel Manufacturing Plants. These negative declarations were submitted
by the California Air Resources Board (CARB) to EPA on February 25,
1998.
II. Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in 1977
(1977 Act or pre-amended Act), that included the PCAPCD within the
Sacramento Metropolitan Area (SMA). 43 FR 8964, 40 CFR 81.305. Because
these areas were unable to meet the statutory attainment date of
December 31, 1982, California requested under section 172 (a)(2), and
EPA approved, an extension of the attainment date to December 31, 1987.
(40 CFR 52.222). On May 26, 1988, EPA notified the Governor of
California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the
above district's portion of the California SIP was inadequate to attain
and maintain the ozone standard and requested that deficiencies in the
existing SIP be corrected (EPA's SIP-Call). On November 15, 1990, the
Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104
Stat. 2399, codified at 42 U.S.C. 7401-7671q.
In amended section 182(b)(2) of the CAA, Congress statutorily
adopted the requirement that States must develop reasonably available
control technology (RACT) rules for VOC sources ``covered by a Control
Techniques Guideline (CTG) document issued by the Administrator between
November 15, 1990 and the date of attainment.'' On April 28, 1992, in
the Federal Register, EPA published a CTG document which indicated
EPA's intention to issue CTGs for eleven source categories and EPA's
requirement to prepare CTGs for two additional source categories within
the same time frame. This CTG document established time tables for the
submittal of a list of applicable sources and the submittal of RACT
rules for those major sources for which EPA had not issued a CTG
document by November 15, 1993. The CTG specified that states were
required to submit RACT rules by November 15, 1994 for those categories
for which EPA had not issued a CTG document by November 15, 1993.
Section 182(f) contains the air quality planning requirements for
the reduction of NOX emissions through RACT. On November 25,
1992, EPA published a proposed rule entitled ``State Implementation
Plans; Nitrogen Oxides Supplement to the General Preamble; Clean Air
Act Amendments of 1990 Implementation of Title I; Proposed Rule,'' (the
NOX Supplement) which describes the requirements of section
182(f). The NOX Supplement should be referred to for further
information on the NOX requirements and is incorporated into
this document by reference. Section 182(f) of the Clean Air Act
requires states to apply the same requirements to major stationary
sources of NOX (``major'' as defined in section 302 and
section 182(c), (d), and (e)) as are applied to major stationary
sources of volatile organic compounds (VOCs), in moderate or above
ozone nonattainment areas. Since the SMA is classified as a severe
nonattainment area for ozone, it is also subject to the RACT
requirements of section 182(b)(2), cited above.
Section 182(b)(2) requires submittal of RACT rules for major
stationary sources of VOC emissions (not covered by a pre-enactment
control technique guidelines (CTG) document or a post-enactment CTG
document) by November 15, 1992. There were no NOX CTGs
issued before enactment and EPA has not issued a CTG document for any
NOX category since enactment of the CAA.
Section 182(b)(2) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as moderate or
above as of the date of enactment. The SMA is classified as severe;
1 therefore, SMA was subject to the post-enactment CTG
requirement and the November 15, 1994 deadline. For source categories
not represented within the portions of the SMA designated nonattainment
for ozone, EPA requires the submission of a negative declaration
certifying that those sources are not present.
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\1\ Sacramento Metropolitan Area retained its designation of
nonattainment and was classified by operation of law pursuant to
sections 107(d) and 181(a) upon the date of enactment of the CAA.
See 55 FR 56694 (November 6, 1991). The Sacramento Metropolitan Area
was reclassified from serious to severe on June 1, 1995. See 60 FR
20237 (April 25, 1995).
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The seven VOC and five NOX negative declarations were
adopted on October 9, 1997 and submitted by the State of California on
February 25, 1998. The submitted negative declarations were found to be
complete on April 7, 1998 pursuant to EPA's completeness criteria that
are set forth in 40 CFR part 51 Appendix V 2 and are being
finalized for approval into the SIP as additional information.
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\2\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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This document addresses EPA's direct final action for the PCAPCD
negative declarations for the following VOC categories: (1) aerospace
coatings, (2) industrial waste water treatment, (3) plastic parts
coatings (business machines), (4) plastic parts coatings (other), (5)
shipbuilding and repair, (6) SOCMI--batch plants, and (7) SOCMI--
reactors. The submitted negative declarations represent seven of the
thirteen source categories listed in EPA's CTG document.3
The submitted negative declarations certify that there are no major
facilities in these VOC or NOX source categories located
inside PCAPCD's portion of the SMA. VOCs contribute to the production
of ground level ozone and smog. These negative declarations were
adopted as part of PCAPCD's effort to meet the requirements of section
182(b)(2) of the CAA.
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\3\ PCAPCD has submitted RACT rules for five VOC source
categories: Autobody Refinishing, Clean Up Solvents, Offset
Lithography, Volatile Organic Liquid Storage Tanks, and Wood
Furniture. PCAPCD is reviewing the Achieveable Control Technology
(ACT) document on SOCMI Distillation to determine whether if they
have a major source in that source category.
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This document also addresses EPA's direct final action for the
PCAPCD
[[Page 50768]]
negative declarations for the following NOX categories: (1)
Nitric and Adipic Acid Manufacturing Plants, (2) Utility Boilers, (3)
Cement Manufacturing Plants, (4) Glass Manufacturing Plants, and (5)
Iron and Steel Manufacturing Plants. The submitted negative
declarations represent five of the nine required NOX source
categories. 4 NOX contributes to the production
of ground level ozone and smog. These negative declarations were
adopted as part of PCAPCD's effort to meet the requirements of section
182(b)(2) of the CAA.
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\4\ PCAPCD has submitted RACT rules for two source categories:
Stationary Combustion Gas Turbines and Biomass Boilers. PCAPCD has
also developed rules for Process Heaters and Industrial, Commercial,
and Institutional Boilers. PCAPCD is reviewing the ACT for
Stationary Internal Combustion Engines to determine whether a major
source exists in that district.
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III. EPA Evaluation and Action
In determining the approvability of a negative declaration, EPA
must evaluate the declarations for consistency with the requirements of
the CAA and EPA regulations, as found in section 110 of the CAA and 40
CFR part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans).
An analysis of PCAPCD's emission inventory revealed that there are
no major sources of VOC emissions from: aerospace coatings, industrial
waste water treatment, plastic parts coatings (business machines),
plastic parts coatings (other), shipbuilding and repair, SOCMI--batch
plants, and SOCMI--reactors. An analysis of PCAPCD's emission inventory
also revealed that there are no major sources of NOX
emissions from: Nitric and Adipic Acid Manufacturing Plants, Utility
Boilers, Cement Manufacturing Plants, Glass Manufacturing Plants, and
Iron and Steel Manufacturing Plants. PCAPCD's review of their permit
files also indicated that major sources in these source categories do
not exist in the PCAPCD. In a Resolution dated October 9, 1997, the
PCAPCD Board affirmed that the PCAPCD does not have any major
stationary sources in these source categories located within the
federal ozone nonattainment planning area.
EPA has evaluated these negative declarations and has determined
that they are consistent with the CAA, EPA regulations, and EPA policy.
PCAPCD's negative declarations for the VOC and NOX sources
listed above are being approved under section 110(k)(3) of the CAA as
meeting the requirements of section 110(a) and Part D.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, the EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This action will be effective November 23,
1998, without further notice unless the Agency receives adverse
comments by October 23, 1998.
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 received, the public is advised that this
rule will be effective on November 23, 1998, and no further action will
be taken on the proposed rule.
IV. Administrative Requirements
A. Executive Orders 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, entitled
``Regulatory Planning and Review.''
The final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks,'' because
it is not an ``economically significant'' action under E.O. 12866.
B. 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).
C. 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 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.
D. 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 50769]]
E. 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 November 23, 1998. 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, Hydrocarbons,
Intergovernmental relations, Oxides of nitrogen, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
Dated: September 8, 1998.
Felicia Marcus,
Regional Administrator, Region IX.
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 et seq.
Subpart F--California
2. Section 52.222 is being amended by adding paragraphs (a)(4) and
(b)(2) to read as follows:
Sec. 52.222 Negative declarations.
(a) * * *
(4) Placer County Air Pollution Control District.
(i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic
Parts Coating: Business Machines; Plastic Parts Coating: Other;
Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing,
Batch Plants; and Synthetic Organic Chemical Manufacturing, Reactors
were submitted on February 25, 1998 and adopted on October 7, 1997.
* * * * *
(b) * * *
(3) Placer County Air Pollution Control District.
(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and
Steel Manufacturing Plants were submitted on February 25, 1998 and
adopted on October 9, 1997.
[FR Doc. 98-25330 Filed 9-22-98; 8:45 am]
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