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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 168-0019a; FRL-5641-7]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Sacramento Metropolitan 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 Sacramento Metropolitan Air Quality Management

District (SMAQMD) for five source categories that emit oxides of

nitrogen (NOX): Nitric and Adipic Acid Manufacturing Plants,

Utility Boilers, Cement Manufacturing Plants, Glass Manufacturing

Plants, and Iron and Steel Manufacturing Plants. The SMAQMD 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). Thus, EPA is

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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.

DATES: This action is effective on December 31, 1996, unless adverse or

critical comments are received by December 2, 1996. 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

Sacramento Metropolitan Air Quality Management District, Rule

Development Section, 8411 Jackson Road, Sacramento, CA 95826

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

5-3), Air and Toxics Division, U.S. Environmental Francisco, CA 94105,

Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

Applicability

The revisions being approved as additional information for the

California SIP include five negative declarations from the SMAQMD

regarding the following source categories: (1) Nitric and Adipic Acid

Manufacturing Plants, (2) Utility Boilers, (3) Cement Manufacturing

Plants, (4) Glass Manufacturing Plants, and (5) Iron and Steel

Manufacturing Plants. These negative declarations were submitted by the

California Air Resources Board (CARB) to EPA on March 4, 1996.

Background

On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA)

were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C.

7401-7671q. The air quality planning requirements for the reduction of

NOX emissions through reasonably available control technology

(RACT) are set out in section 182(f) of the CAA. On November 25, 1992,

EPA published a notice of proposed rulemaking entitled ``State

Implementation Plans; Nitrogen Oxides Supplement to the General

Preamble; Clean Air Act Amendments of 1990 Implementation of Title I;

Proposed Rule,'' (the NOX Supplement) which describes the

requirements of section 182(f). The NOX Supplement should be

referred to for further information on the NOX requirements and is

incorporated into this document by reference. Section 182(f) of the

Clean Air Act requires states to apply the same requirements to major

stationary sources of NOX (``major'' as defined in section 302 and

section 182 (c), (d), and (e)) as are applied to major stationary

sources of volatile organic compounds (VOCs), in moderate or above

ozone nonattainment areas. The Sacramento Metropolitan Area (SMA) is

classified as a severe nonattainment area for ozone 1. The SMA

area is subject to the RACT requirements of section 182(b)(2), cited

above.

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\1\ The Sacramento Metropolitan Area was designated

nonattainment and 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). The Sacramento Metropolitan Area

was reclassified from serious to severe on June 1, 1995. See 60 FR

20237 (April 25, 1995).

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Section 182(b)(2) requires submittal of RACT rules for major

stationary sources of VOC emissions (not covered by a pre-enactment

control technique guidelines (CTG) document or a post-enactment CTG

document) by November 15, 1992. There were no NOX CTGs issued

before enactment and EPA has not issued a CTG document for any NOX

category since enactment of the CAA.

The five negative declarations were adopted on August 3, 1995, and

submitted by the State of California on March 4, 1996. The submitted

negative declarations were found to be complete on June 27, 1996,

pursuant to EPA's completeness criteria that are set forth in 40 CFR

part 51, appendix V 2 and are being finalized for approval into

the SIP as additional information.

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\2\ 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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This document addresses EPA's direct final action for the SMAQMD

negative declarations for: (1) Nitric and Adipic Acid Manufacturing

Plants, (2) Utility Boilers, (3) Cement Manufacturing Plants, (4) Glass

Manufacturing Plants, and (5) Iron and Steel Manufacturing Plants. The

submitted negative declarations certify that there are no NOX

sources in these source categories located inside SMAQMD. Therefore,

the determination being evaluated is that there is no need to have RACT

rules in the SIP for these source categories at this time.

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 Resolution dated August 3, 1995, the SMAQMD Board affirmed

that the SMAQMD does not have any major stationary sources in these

source categories located within the federal ozone nonattainment

planning area.

EPA has evaluated these negative declarations and has determined

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

SMAQMD's negative declarations for Nitric and Adipic Acid Manufacturing

Plants, Utility Boilers, Cement Manufacturing Plants, Glass

Manufacturing Plants, and Iron and Steel Manufacturing Plants are being

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

of section 110(a) and Part D.

EPA is publishing this document 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 December 31, 1996 unless, by December 2, 1996, 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 document 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 December 31, 1996.

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.

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Administrative Requirements

Executive Order 12866

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, 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.

Regulatory Flexibility Act

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 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.

Submission to Congress and the General Accounting Office

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this rule and other required information to the U.S. Senate,

the U.S. House of Representatives and the Comptroller General of the

General Accounting Office prior to publication of the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by December 31, 1996. Filing a petition for

reconsideration by the Administrator of this final rule does not affect

the finality of this rule for the purposes of judicial review nor does

it extend the time within which a petition for judicial review may be

filed and shall not postpone the effectiveness of such rule or action.

This action may not be challenged later in proceedings to enforce its

requirements (see section 307(b)(2)).

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Oxides of

nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile

organic compounds.

Dated: October 17, 1996.

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]

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

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

Subpart F--California

2. Section 52.222 is being amended by adding paragraph (b) to read

as follows:

Sec. 52.222 Negative declarations.

* * * * *

(b) The following air pollution control districts submitted

negative declarations for oxides of nitrogen 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) Sacramento Metropolitan Air Quality Management District.

(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,

Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and

Steel Manufacturing Plants were submitted on March 4, 1996, and adopted

on August 3, 1995.

[FR Doc. 96-27844 Filed 10-31-96; 8:45 am]

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