Clean Air Act Final Interim Approval of the Operating Permits Program; Approval of State Implementation Plan Revision for the Issuance of Federally Enforceable State Operating Permits; Mojave Desert Air Quality Management District, California

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[CA 147-2-7201; AD-FRL-5330-3]

Clean Air Act Final Interim Approval of the Operating Permits

Program; Approval of State Implementation Plan Revision for the

Issuance of Federally Enforceable State Operating Permits; Mojave

Desert Air Quality Management District, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval.

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SUMMARY: The EPA is promulgating interim approval of the Operating

Permits Program submitted by the California Air Resources Board on

behalf of the Mojave Desert Air Quality Management District (AQMD),

California (district) for the purpose of complying with Federal

requirements for an approvable State program to issue operating permits

to all major stationary sources, and to certain other sources. In

addition, EPA is promulgating final approval of a revision to Mojave

Desert's portion of the California State Implementation Plan (SIP)

regarding synthetic minor regulations for the issuance of federally

enforceable state operating permits (FESOP). In order to extend the

federal enforceability of state operating permits to hazardous air

pollutants (HAP), EPA is also finalizing approval of Mojave Desert's

synthetic minor regulations pursuant to section 112(l) of the Clean Air

Act (CAA or Act). Finally, today's action grants final approval to

Mojave Desert's mechanism for receiving delegation of section 112

standards as promulgated.

EFFECTIVE DATE: March 6, 1996.

ADDRESSES: Copies of the district's submittal and other supporting

information used in developing the final interim approval are available

for inspection during normal business hours at the following location:

Operating Permits Section, A-5-2, Air

[[Page 4218]]

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

Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: Sara Bartholomew (telephone 415/744-

1170), 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

A. Introduction

Title V of the 1990 Clean Air Act Amendments (sections 501-507 of

the 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 July 3, 1995, EPA proposed interim approval of the operating

permits program for Mojave Desert AQMD, California. See 54 FR 34488.

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. Public comment was

solicited on these proposed actions. EPA received no public comment on

the proposal. In this notice, EPA is promulgating interim approval of

Mojave Desert's operating permits program and approving the section

112(g) and section 112(l) mechanisms noted above.

On June 28, 1989 (54 FR 27274), EPA published criteria for

approving and incorporating into the SIP regulatory programs for the

issuance of federally enforceable state operating permits. Permits

issued pursuant to a program meeting the June 28, 1989 criteria and

approved into the SIP are considered federally enforceable for criteria

pollutants. The synthetic minor mechanism may also be used to create

federally enforceable limits for emissions of HAP if it is approved

pursuant to section 112(l) of the Act.

In the July 3, 1995 Federal Register document, EPA also proposed

approval of Mojave Desert's synthetic minor program for creating

federally enforceable limits in District operating permits. In this

document, EPA is promulgating approval of the synthetic minor program

for Mojave Desert as a revision to the district's SIP and pursuant to

section 112(l) of the Act.

II. Final Action and Implications

A. Analysis of State Submission

Comments

On July 3, 1995, EPA proposed interim approval of Mojave Desert's

title V operating permits program as it was submitted on March 10,

1995. Since the time that EPA proposed interim approval, Mojave Desert

adopted regulations to implement title IV of the Act. On June 28, 1995,

Mojave Desert incorporated part 72 by reference into District Rule

1210. Rule 1210 was submitted to EPA on August 3, 1995, and it corrects

the third program deficiency identified in the proposed interim

approval notice by adopting regulations to implement title IV of the

Act.

EPA received no adverse public comment on Mojave Desert's title V

operating permits program, the proposed approval of Mojave Desert's

synthetic minor program, or program for receiving section 112(l)

standards as promulgated.

B. Final Action

1. Title V Operating Permits Program

The EPA is promulgating interim approval of Mojave Desert's title V

operating permits program as submitted on March 10, 1995. EPA did not

receive any comments on the changes that were outlined as necessary for

full approval. Therefore, the program deficiencies described in the

proposed rulemaking, under II.B.1.(a), Proposed Interim Approval, and

the legislative deficiency outlined under II.B.1.(b), Legislative

Source Category-Limited Interim Approval Issue, must be corrected in

order for the district to be granted full approval.

The scope of the Mojave Desert's part 70 program approved in this

notice applies to all part 70 sources (as defined in the approved

program) within the district, except any sources of air 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 CAA; 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

March 5, 1998. During this interim approval period, Mojave Desert is

protected from sanctions, and EPA is not obligated to promulgate,

administer and enforce a Federal operating permits program in this

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 Mojave Desert fails to submit a complete corrective program for

full approval by September 5, 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 Mojave Desert,

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, Mojave Desert still has not

submitted a corrective program that EPA has found complete, a second

sanction will be required.

If EPA disapproves Mojave Desert'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 Mojave Desert, 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

[[Page 4219]]

sanction, Mojave Desert 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 Mojave

Desert 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's 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 Mojave Desert upon interim approval

expiration.

2. District Preconstruction Permit Program Implementing Section 112(g)

EPA is approving the use of Mojave Desert's preconstruction review

program found in Regulation XIII (New Source Review) as a mechanism to

implement section 112(g) during the transition period between

promulgation of EPA's section 112(g) rule and adoption by Mojave Desert

of rules specifically designed to implement section 112(g). EPA is

limiting the duration of this approval to 18 months following

promulgation by EPA of the section 112(g) rule.

3. 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 Mojave

Desert'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.

4. State Operating Permit Program for Synthetic Minors

EPA is promulgating full approval of Mojave Desert's synthetic

minor operating permit program, adopted by the district on December 21,

1994, and submitted to EPA by the California Air Resources Board, on

behalf of the Mojave Desert, on March 31, 1995. The synthetic minor

operating permit program is being approved into Mojave Desert's SIP

pursuant to part 52 and the five approval criteria set out in the June

28, 1989 Federal Register document (54 FR 27282). EPA is also

promulgating full approval pursuant to section 112(l)(5) of the Act so

that HAP emission limits in synthetic minor operating permits may be

deemed federally enforceable.

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.

III. Administrative Requirements

A. Docket

Copies of Mojave Desert's submittal and other information relied

upon for the final interim approval are contained in docket number CA-

MJ-95-01-OPS, maintained 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

Executive Order 12866 review.

C. Regulatory Flexibility Act

The EPA's actions under sections 502, 110, and 112 of the Act do

not create any new requirements, but simply address 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, no additional costs to state, local,

or tribal governments, or to the private sector, result from this

action.

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides,

Volatile organic compounds.

40 CFR Part 70

Administrative practice and procedure, Air pollution control,

Environmental protection, Hazardous substances, Intergovernmental

relations, Operating permits, and Reporting and recordkeeping

requirements.

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: October 31, 1995.

Felicia Marcus,

Regional Administrator.

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)(216)(i)(A)(2)

to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(216) * * *

(i) * * *

(A) * * *

[[Page 4220]]

(2) Rule 221, adopted December 21, 1994.

* * * * *

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 (q) to the

entry for California to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

(q) Mojave Desert AQMD (complete submittal received on March 10,

1995); interim approval effective on March 6, 1996; interim approval

expires March 5, 1998.

* * * * *

[FR Doc. 96-2247 Filed 2-2-96; 8:45 am]

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