Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Mojave Desert Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 96-1-6799a FRL-5130-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Mojave Desert Air Quality

Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of direct final rulemaking.

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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 Mojave Desert Air Quality Management District

(MDAQMD) for two source categories that emit volatile organic compounds

(VOC): Natural Gas or Gasoline Processing Equipment and Chemical

Processing and Manufacturing. The MDAQMD 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. 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).

In addition, the final action on these negative declarations serves as

a final determination that the finding of nonsubmittal for these source

categories has been corrected and that on the effective date of this

action, any Federal Implementation Plan (FIP) clock is stopped. 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.

EFFECTIVE DATE: This action is effective on March 6, 1995 unless

adverse or critical comments are received by February 2, 1995. If the

effective date is delayed, a timely notice will be published in the

Federal Register.

ADDRESSES: 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.

Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental

Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA

94105 [[Page 39]]

Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M''

Street, SW., Washington, DC 20460

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095

Mojave Desert Air Quality Management District (formerly San Bernardino

County Air Pollution Control District), 15428 Civic Drive, Suite 200,

Victorville, CA 92392-2382

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Section (A-

5-3), Air and Toxics Division, U.S. Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:

(415) 744-1184.

SUPPLEMENTARY INFORMATION:

Applicability

The revisions being approved as additional information for the

California SIP include two negative declarations from the MDAQMD

regarding the following source categories: (1) Natural Gas and Gasoline

Processing Equipment and (2) Chemical Processing and Manufacturing.

These negative declarations were submitted by the California Air

Resources Board (CARB) to EPA on July 13, 1994.

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 portions of San

Bernardino County Air Pollution Control District1 within the

Southeast Desert Air Quality Management Area (AQMA). 43 FR 8964, 40 CFR

81.305. Because this area was 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 nonattainment areas submit reasonably available

control technology (RACT) rules for all major sources of VOC and for

all VOC sources covered by a Control Techniques Guideline document by

November 15, 1992.2

\1\On July 1, 1993, the San Bernardino County Air Pollution

Control District was renamed the Mojave Desert Air Quality

Management District.

\2\Mojave Desert Air Quality Management District did not make

the required SIP submittals by November 15, 1992. On January 15,

1993, the EPA made a finding of failure to make a submittal pursuant

to section 179(a)(1), which started an 18-month sanction clock. The

negative declarations being acted on in this direct final rulemaking

were submitted in response to the EPA finding of failure to submit.

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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 Southeast Desert AQMA is

classified as severe;3 therefore, this area was subject to the

RACT catch-up requirement and the November 15, 1992 deadline.

\3\Southeast Desert Air Quality Management 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).

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The negative declarations were adopted on May 25, 1994 and

submitted by the State of California for the MDAQMD on July 13, 1994.

The submitted negative declarations were found to be complete on July

22, 1994 pursuant to EPA's completeness criteria that are set forth in

40 CFR part 51 Appendix V4 and are being finalized for approval

into the SIP. This notice addresses EPA's direct-final action for the

MDAQMD negative declarations for Natural Gas and Gasoline Processing

Equipment and Chemical Processing and Manufacturing.

\4\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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The submitted negative declarations certify that there are no VOC

sources in these source categories located inside MDAQMD's portion of

the Southeast Desert AQMA. VOCs contribute to the production of ground

level ozone and smog. These negative declarations were adopted as part

of MDAQMD's effort to meet the requirements of section 182(b)(2) of the

CAA.

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).

In a letter dated May 25, 1994, the District certified to EPA that

no sources of Natural Gas and Gasoline Processing Equipment exist in

the District. This certification is based on the definition ``natural

gas processing plant'' found in EPA's Control Technique Guideline, No.

EPA-450/3-83-007, ``Leaks from Natural Gas/Gasoline Processing

Equipment. In a separate letter dated May 25, 1994, the District

certified to EPA that its emission inventory analysis revealed no

Chemical Processing and Manufacturing facilities located within the

federal nonattainment planning area.

EPA has evaluated these negative declarations and has determined

that they are consistent with the CAA, EPA regulations, and EPA policy.

MDAQMD's negative declarations for Natural Gas and Gasoline Processing

Equipment and Chemical Processing and Manufacturing are being approved

under section 110(k)(3) of the CAA as meeting the requirements of

section 110(a) and Part D. Therefore, if this direct final action is

not withdrawn, on March 6, 1995, any FIP clock is stopped.

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.

EPA is publishing this notice without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective March 6, 1995, unless, within 30 days of its publication,

adverse or critical comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent notice that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective March 6, 1995. [[Page 40]]

Regulatory Process

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. Secs. 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 population of less than

50,000.

Because this action does not create any new requirements but simply

includes additional information into the SIP, I certify that it does

not have a significant impact on any small entities. Moreover, due to

the nature of the Federal-state relationship under the CAA, preparation

of a regulatory flexibility analysis would constitute Federal inquiry

into the economic reasonableness of state action. The CAA 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 OMB has exempted this action from review under Executive Order

12866.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

Dated: December 15, 1994.

David P. HoweKamp,

Acting 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)(200)(ii) to

read as follows:

Sec. 52.220 Identification of Plan.

* * * * *

(c) * * *

(200) * * *

(ii) Additional material.

(A) Negative Declarations for the Mojave Desert Air Quality

Management District for the following Volatile Organic Compound

Sources: Natural Gas and Gasoline Processing Equipment and Chemical

Processing and Manufacturing, adopted on May 25, 1994.

* * * * *

[FR Doc. 94-32232 Filed 12-30-94; 8:45 am]

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