Clean Air Act Final Interim Approval of the Operating Permits Program for the Sacramento Metropolitan Air Quality Management District

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

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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,

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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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