Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Glenn County and Siskiyou County Air Pollution Control Districts

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 009-0013a; FRL-5610-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Glenn County and Siskiyou County

Air Pollution Control Districts

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 (SIP). The revisions concern rules

submitted by the State of California on behalf of the Air Pollution

Control Districts of Glenn and Siskiyou Counties (the Counties) for the

purpose of meeting requirements of the Clean Air Act, as amended in

1990 (CAA or the Act) with regard to general preconstruction

permitting. This approval action will incorporate these rules into the

federally approved SIP. The intended effect of approving these rules is

to control air pollution in accordance with the requirements of the

Act. The Counties' rules control emissions from new stationary sources.

Thus, EPA is finalizing the approval of these revisions into the

California SIP under provisions of the CAA regarding EPA action on SIP

submittals.

DATES: This direct final rule is effective on January 3, 1997, unless

adverse or critical comments are received by December 4, 1996. If the

effective date is delayed, a timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for

each rule 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:

New Source Section (A-5-1), Air and Toxics Division, U.S.

Environmental Protection Agency, Region IX, 75 Hawthorne Street, San

Francisco, CA 94105.

Environmental Protection Agency, Air Docket (6102), 401 ``M''

Street, SW., Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095.

Glenn County Air Pollution Control District, PO Box 351, Willows, CA

95988.

[[Page 56630]]

Siskiyou County Air Pollution Control District, 525 S. Foothill

Drive, Yreka, CA 96097.

FOR FURTHER INFORMATION CONTACT:

Steve Ringer at (415) 744-1260, New Source Section, Air & Toxics

Division (A-5-1), EPA Region 9, 75 Hawthorne Street, San Francisco, CA

94105.

SUPPLEMENTARY INFORMATION:

Applicability

The rules that EPA is approving into the SIP include: Glenn County

Air Pollution Control District Regulations: Section 51--New Source

Review. Adopted on March 16, 1993. Siskiyou County Air Pollution

Control District Rules and Regulations: Rule 1.2--Definitions (except

section V1, Variance); Rule 1.4--Enforcement; Rule 2.1--Permits

Required; Rule 2.2--Exemptions; Rule 2.10--Further Information; Rule

4.1--Visible Emissions; Rule 4.6--Circumvention; Rule 6.1--Standards

for Permits to Construct; Appendix A--List/Criteria for Permit

Applications. Adopted on January 24, 1989.

On March 26, 1990, the Siskiyou County rules were submitted to EPA

as revision to the SIP. EPA found this submittal to be complete on June

20, 1990. On May 13, 1993, the Glenn County rules were submitted to EPA

as a revision to the SIP. EPA found this submittal to be complete on

July 19, 1993.

Background

The Counties are currently designated as in attainment of the

national ambient air quality standards (NAAQS) for carbon monoxide,

ozone, nitrogen dioxide, lead, sulfur dioxide, and particulate matter

(PM10).

EPA is taking this action to approve the rules identified above

into the SIP for the purpose of meeting the general permitting

requirements of 40 CFR 51.160 through 51.164, implementing section

110(a)(2)(C) of the Act. These provisions apply to sources whose

emissions are below the major source thresholds regulated under Parts C

and D of the Act. This action does not approve the Counties' rules for

the purposes of meeting the nonattainment or prevention of significant

deterioration (PSD) preconstruction permitting requirements of 40 CFR

51.165 and 51.166, nor does it approve the Counties' rules for the

purposes of satisfying Title V of the Act.

The Counties' existing SIP approved preconstruction permitting

rules were approved in several separate EPA actions occurring between

May 31, 1972 and June 18, 1982. The changes contained in the submitted

rules are improvements to the current SIP versions of these rules.

These changes improve the rules because they either introduce needed

language, or alter language so that the rules are in compliance with

the Act and EPA regulations.

General preconstruction permitting requirements for sources with

emissions below the major source thresholds regulated under Parts C and

D of the Act are set out in 40 CFR 51.160 through 51.164, implementing

section 110(a)(2)(C) of the Act.

EPA Evaluation and Action

To satisfy 40 CFR 51.160 through 51.164, the rules must (a) require

sources to obtain legally enforceable permits before commencing

construction or modification of a facility; and (b) contain procedures

to prevent construction or modification of a facility that will

interfere with attainment of the NAAQS. The rules must also ensure the

availability of pertinent information to the public during the

permitting process, and the opportunity for and consideration of public

comments prior to permit issuance. EPA has reviewed the submitted rules

and determined that they contain these elements. For a detailed

description of how the submitted rules meet the applicable

requirements, please refer to EPA's Technical Support Document (TSD)

for this action.

EPA is publishing this action without prior proposal because the

Agency views this as a noncontroversial action and anticipates no

adverse comments. However, should adverse or critical comments be

filed, EPA is proposing approval of the submitted rules in a separate

document in this Federal Register publication.

If EPA receives adverse or critical 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 with this action serving

as the proposed rule. EPA will not institute a second comment period.

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 on January 3, 1997.

Administrative Review

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. 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.

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 populations of less than

50,000.

SIP approvals under section 110 of the Act do not create any new

requirements, but simply approve requirements that the State is already

imposing. Therefore, because this federal SIP-approval does not impose

any new requirements, I certify that it does not have a significant

impact on any small entities affected. Moreover, due to the nature of

the Federal-State relationship under the Act, preparation of a

regulatory flexibility analysis would constitute federal inquiry into

the economic reasonableness of State action. The Act 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).

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 has exempted this action from

review under Executive Order 12866.

Unfunded Mandates

Under Section 202 of the Unfunded Mandates Reform Act of 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 section, of $100 million or more. EPA has determined that

the approval promulgated in this notice does not include such a federal

mandate, as this proposed federal action would approve pre-existing

requirements under state or local law, and would impose no new federal

requirements. Accordingly, no

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additional costs to state, local, or tribal governments, or to the

private section, will result from this action.

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).

List of Subjects in 40 CFR Part 52

Air pollution control, Carbon monoxide, Incorporation by reference,

Intergovernmental relations, Nitrogen dioxide, Particulate matter, and

Sulfur dioxide.

Note: Incorporation by reference of the State Implementation

Plan was approved by the Director of the Federal Register on July 1,

1982.

Dated: August 9, 1996.

Felicia Marcus,

Regional Administration.

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:

Subpart F--California

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

1. Section 52.220 is amended by adding paragraphs (c)(179)(i)(E)

and (c) (193)(i)(D) to read as follows:

Sec. 52.220 Identification of Plan.

* * * * *

(c) * * *

(179) * * *

(i) * * *

(E) Siskiyou County Air Pollution Control District.

(1) Rules 1.2 (except section V1), 1.4, 2.1, 2.2, 2.10, 4.1, 4.6,

6.1, and Appendix A, adopted on January 24, 1989.

* * * * *

(193) * * *

(i) * * *

(D) Glenn County Air Pollution Control District.

(1) Section 51, adopted on March 16, 1993.

* * * * *

[FR Doc. 96-28195 Filed 11-1-96; 8:45 am]

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