Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, San Joaquin Valley Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OAQPS #CA163-1-7251; FRL-5452-6]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, San Joaquin Valley Unified Air

Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of a revision to the San

Joaquin Valley portion of the California State Implementation Plan

(SIP) that was proposed in the Federal Register on November 1, 1995.

The revision concerns Rule 2530 from the San Joaquin Valley Unified Air

Pollution Control District. This approval action will incorporate this

rule into the federally-approved SIP. EPA is also finalizing its

approval of Rule 2530 under section 112(l) of the Clean Air Act for the

control of hazardous air pollutants.

EFFECTIVE DATE: This action is effective on May 28, 1996.

ADDRESSES: Copies of Rule 2530 and EPA's technical support document

including response to comments on the proposed approval are available

for public inspection at EPA's Region IX office during normal business

hours. Copies of the submitted rule revisions are available for

inspection at the following locations: Operating Permits Section, A-5-

2, Air and Toxics Division, U.S. EPA-Region IX, 75 Hawthorne Street,

San Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: Frances Wicher, Operating Permits

Section, A-5-2, Air and Toxics Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105,

Telephone: (415) 744-1250.

SUPPLEMENTARY INFORMATION:

Background

On November 1, 1995 at 60 FR 55516, EPA proposed to approve Rule

2530 Federally Enforceable Potential to Emit of the San Joaquin Valley

Unified APCD (San Joaquin Valley or District) as a revision to the

California SIP and under section 112(l) of the Clean Air Act (Act).

Approval of Rule 2530 was proposed in the same notice that EPA proposed

interim approval of the District's title V operating permits program.

Rule 2530 was adopted by the District on June 15, 1995 and submitted by

the California Air Resources Board on October 24, 1995.

Once approved into the SIP and under section 112(l), Rule 2530 will

create federally-enforceable limits on potential to emit for sources

with actual emissions less than 50 percent of any applicable major

source threshold including hazardous air pollutant thresholds. A

detailed discussion of the background for Rule 2530 is provided in the

Federal Register notice cited above.

EPA has evaluated this rule for consistency with the requirements

of the Act and EPA regulations as well as EPA's interpretation of these

requirements as expressed in the various EPA policy guidance documents

referenced in the proposal cited above. EPA has found that the rule

meets the applicable EPA requirements. A detailed discussion of the

rule has been provided in technical support document (TSD) available at

EPA's Region IX office.

Response to Public Comments

EPA received identical comments on its proposed approval of Rule

2530 from two separate commenters. Both Chevron and Western States

Petroleum Association requested that EPA include an interim approval

issue for correcting the applicable emission levels in Rule 2530 to

include provisions for areas that receive a Clean Air Act section

182(f) nitrogen oxides (NOX) opt-out approval.

Rule 2530 is being approved into the San Joaquin Valley portion of

the California SIP under section 110(k) of the Act. Section 110(k)

provides that EPA may either approve, disapprove, or conditionally

approve a SIP revision. Conditional approvals are limited to situations

where the State has adopted and submitted a commitment to adopt

specific enforceable measures by a date certain. Interim approval is an

approval option that is limited to actions under title V of the Act and

is not available for SIP or section 112(l) approvals; therefore, EPA is

not able to create an interim approval issue for Rule 2530.

It should be noted that, from an approval standpoint, there is no

error in Rule 2530's NOX limits. Should EPA grant the NOX

waiver that raises the major source threshold for NOX sources to

100 tons per year, Rule 2530's NOX limits would merely be more

stringent (at 25 tons per year (tpy) rather than 50 tpy) than strictly

necessary. If a NOX waiver is granted, San Joaquin may submit a

revision to Rule 2530 to raise the NOX limits.

EPA Action

EPA is finalizing approval of Rule 2530 under section 110(k)(3) of

the Act for inclusion into the California SIP and under section 112(l)

of the Act for the control of hazardous air pollutants.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future request for

revision to any state implementation plan or for approval under 112(l).

Each request for a SIP revision or an approval under section 112(l)

shall be considered separately in light of specific technical,

economic, and environmental factors and in relation to relevant

statutory and regulatory requirements.

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.

The District has voluntarily elected to adopt Rule 2530 and submit

it to EPA for approval. This rule may bind the District to perform

certain actions and also require the private sector to perform certain

duties. The rule 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 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.

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures published in the

Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a

July 10,

[[Page 18501]]

1995 memorandum from Mary Nichols, Assistant Administrator for Air and

Radiation. The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order 12866 review.

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.

Note: Incorporation by reference of the State Implementation Plan

for the State of California was approved by the Director of the Federal

Register on July 1, 1982.

Dated: March 24, 1996.

Felicia Marcus,

Regional Administrator.

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)(227) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(227) New regulation for the following APCD was submitted on

October 18, 1995, by the Governor's designee.

(i) Incorporation by reference.

(A) San Joaquin Valley Unified Air Pollution Control District.

(1) Rule 2530, adopted on June 15, 1995.

[FR Doc. 96-10383 Filed 4-25-96; 8:45 am]

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