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 137-1-7051a; FRL-5262-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Mojave Desert Air Quality

Management 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 Mojave Desert Air Quality Management District

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

(VOC): Asphalt Air Blowing and Vacuum Producing Devices or Systems. 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

[[Page 47075]]

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 action is effective on November 13, 1995 unless adverse or

critical comments are received by October 11, 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

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) Asphalt Air Blowing and

(2) Vacuum Producing Devices or Systems. These negative declarations

were submitted by the California Air Resources Board (CARB) to EPA on

December 20, 1994 and December 29, 1994, respectively.

Background

On March 3, 1978, EPA promulgated a list of ozone nonattainment

areas under the provisions of the Clean Air Act, as amended in l977

(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 declaration for Asphalt Air Blowing was adopted on

October 26, 1994 and submitted by the State of California on December

20, 1994 and the negative declaration for Vacuum Producing Devices or

Systems was adopted on December 21, 1994 and submitted by the State of

California for the MDAQMD on December 29, 1994. The submitted negative

declarations were found to be complete on January 3, 1995 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 as

additional information. This notice addresses EPA's direct-final action

for the MDAQMD negative declarations for Asphalt Air Blowing and Vacuum

Producing Devices or Systems. 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.

\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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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 Board Resolution No. 94-26, the District rescinded Rule 470,

Asphalt Air Blowing. Asphalt Air Blowing Operations are typically

conducted at refineries, and there are no refineries located in MDAQMD.

MDAQMD's emission inventory has also revealed that there are no sources

of VOC emissions from this source category. In Board Resolution No. 94-

38, the District rescinded Rule 465, Vacuum Producing Devices or

Systems and certified that MDAQMD's emission inventory has revealed

that there are no sources of VOC emissions from this source category

located within the MDAQMD's jurisdiction.

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 Asphalt Air Blowing and Vacuum

Producing Devices or Systems 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 November

13, 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

[[Page 47076]]

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 November 13, 1995, unless, by no later

than October 11, 1995, 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 November 13, 1995.

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. 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).

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Part D of the Clean Air

Act. These rules may bind State, local, and tribal governments to

perform certain actions and also require the private sector to perform

certain duties. The negative declarations being approved by this action

will impose no new requirements because affected sources are already

subject to these regulations under State law. Therefore, no additional

costs to State, local, or tribal governments or to the private sector

result from this action. EPA has also determined that this [proposed or

final] action does not include a mandate that may result in estimated

costs of $100 million or more to State, local, or tribal governments in

the aggregate or to the private sector.

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 July 10, 1995.

Felicia Marcus,

Regional Administrator.

Subpart F of Part 52, Chapter I, Title 40 of the Code of Federal

Regulations is amended as follows:

PART 52--[AMENDED]

Subpart F--California

1. The authority citation for Part 52 continues to read as follows:

Authority: 42 U.S.C. 7401-7671q.

2. Section 52.220 is amended by removing paragraph (c)(198)(ii).

3. Subpart F is amended by adding Sec. 52.222 to read as follows:

Sec. 52.222 Negative declarations.

(a) The following air pollution control districts submitted

negative declarations for volatile organic compound source categories

to satisfy the requirements of section 182 of the Clean Air Act, as

amended. The following negative declarations are approved as additional

information to the State Implementation Plan.

(1) Mojave Desert Air Quality Management District.

(i) Natural Gas and Gasoline Processing Equipment and Chemical

Processing and Manufacturing were submitted on July 13, 1994 and

adopted on May 25, 1994.

(ii) Asphalt Air Blowing was submitted on December 20, 1994 and

adopted on October 26, 1994.

(iii) Vacuum Producing Devices or Systems was submitted on December

29, 1994 and adopted on December 21, 1994.

[FR Doc. 95-22148 Filed 9-8-95; 8:45 am]

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