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 079-3-002; FRL-5640-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Mojave Desert Air Quality

Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California

State Implementation Plan (SIP) proposed in the Federal Register on

October 31, 1995. The revisions concern new source review (NSR) rules

from the Mojave Desert Air Quality Management District (MDAQMD or the

District). This approval action will incorporate these rules into the

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

to regulate air pollution in accordance with the requirements of the

Clean Air Act, as amended in 1990 (CAA or the Act). The rules control

emissions of air pollutants from new and modified stationary sources.

Thus, EPA is finalizing the approval of these rules 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.

EFFECTIVE DATE: This action is effective on December 13, 1996.

ADDRESSES: Copies of the submitted rules and EPA's evaluation report

are available for public inspection at EPA's Region IX office during

normal business hours. Copies of the submitted rules 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.

Mojave Desert AQMD, 15428 Civic Drive, suite 200, Victorville, CA

92932.

Air Resources Board, 2020 L Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: Steve Ringer, Permits Office, Air

Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne

Street, San Francisco, CA 94105, Telephone: (415) 744-1260.

SUPPLEMENTARY INFORMATION:

Background

On October 31, 1995 at 60 FR 55355, EPA proposed to approve MDAQMD

rules 1301-1308, and 1310-1312 into the California SIP, contingent upon

the District's adoption (and submittal as a SIP revision) of

corrections to a number of deficiencies in the rules. On March 25,

1996, MDAQMD adopted the following rules as the corrections required in

the October 1995 proposed approval: MDAQMD Rule 1300, General; MDAQMD

Rule 1301, Definitions; MDAQMD Rule 1302, Procedure; MDAQMD Rule 1303,

Requirements; MDAQMD Rule 1304, Emissions Calculations; MDAQMD Rule

1305, Emission Offsets; MDAQMD Rule 1306, Electric Energy Generating

Facilities. On March 25, 1996,

[[Page 58134]]

MDAQMD also rescinded rules 1307-1313 and incorporated the substantive

provisions of those rules into rules 1300-1306. Rules 1300-1306

(adopted) and rules 1307-1313 (rescinded) were submitted by the

California Air Resources Board to EPA on July 23, 1996, as an amendment

to the SIP (rules 1300-1306, as submitted on July 23, 1996, will

hereafter be referred to as ``the submitted rules''). In the technical

support document (TSD) that EPA prepared for the October 1995 proposed

approval, EPA discussed the consolidation of the substantive portions

of rules 1307-1313 into rules 1300-1306, and the manner in which rules

1300-1306 would, upon consolidation, contain all of the necessary NSR

elements and make all of the corrections necessary for final SIP

approval.

EPA has evaluated the submitted rules to ensure that these rules

contain the changes that were listed as contingencies for final

approval in the October 1995 proposed approval. The submitted rules

contain the changes necessary for approval, in a manner that is

identical to that described in the TSD for the proposed approval.

Because the submitted rules meet the contingencies for final approval,

EPA is now promulgating final approval of rules 1300-1306, as submitted

on July 23, 1996. EPA is also rescinding the proposed approval of rules

1307, 1308, 1310, 1311, and 1312, because the substantive portions of

these rules have been consolidated in the submitted rules.

For a detailed description of how the submitted rules contain the

changes that were listed as contingencies for final approval in the

October 1995 proposed approval, please see the TSD for the proposed

approval. The TSD for the proposed approval is available at EPA's

Region IX office at the location listed under the Addresses section of

this Federal Register document.

EPA has also evaluated the submitted rules for consistency with the

requirements of sections 172 and 173 of the CAA and EPA's NSR

regulations at 40 CFR 51.160 through 51.165. EPA has found that the

rules meet the applicable EPA requirements. A detailed discussion of

the rule provisions and evaluations has been provided in the TSD for

the proposed approval.

Response to Public Comments

A 30-day public comment period was published in the Federal

Register on October 31, 1995 at 60 FR 55355. EPA received no comments

on the proposed approval of these rules.

EPA Action

EPA is finalizing action to approve rules 1300-1306 as described

above for inclusion into the California SIP, and to rescind the

proposed approval of rules 1307, 1308, and 1310-1312, as described

above. EPA is approving the submittal under section 110(k)(3) as

meeting the requirements of section 110(a) and part D of the CAA. This

approval action will incorporate the submitted rules into the federally

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

regulate emissions of air pollution in accordance with the requirements

of the CAA.

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 SIP 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.

Through submission of this state implementation 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 rules 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.

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).

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.

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: September 16, 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)(239) to read

as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(239) New and amended regulations for the following APCDs were

submitted on July 23, 1996, by the Governor's designee:

(i) Incorporation by reference.

(A) Mojave Desert Air Quality Management District.

(1) Rules 1300-1306, adopted on March 25, 1996.

* * * * *

[FR Doc. 96-28477 Filed 11-12-96; 8:45 am]

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