Approval and Promulgation of Implementation Plan for Yolo-Solano Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 105-0041a; FRL-5843-9]

Approval and Promulgation of Implementation Plan for Yolo-Solano

Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: The EPA is taking direct final action to approve Yolo-Solano

Air Quality Management District (District) Rule 3.1--General Permit

Requirement, Rule 3.2--Exemptions, Rule 3.4--New Source Review, Rule

3.14--Emission Reduction Credits, and Rule 3.15--Priority Reserve. EPA

is approving these rules for the purpose of meeting requirements of the

Clean Air Act, as amended in 1990 (CAA or Act) with regard to new

source review (NSR) in areas that have not attained the national

ambient air quality standards (NAAQS). This approval action will

incorporate these rules into the federally approved State

Implementation Plan (SIP) for California. The rules were submitted by

the State to satisfy certain Federal requirements for an approvable NSR

SIP. 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. EPA is taking

this action without prior proposal because the Agency views this as a

non-controversial amendment and anticipates no adverse comments.

DATES: This action is effective on September 5, 1997 unless adverse or

critical comments are received by August 6, 1997. If the effective date

is delayed, a timely notice will be published in the Federal Register.

ADDRESSES: Comments should be submitted to Steve Ringer (AIR-3), EPA,

Region 9, 75 Hawthorne St, San Francisco, CA 94105-3901. Copies of the

rules and EPA's evaluation report of each rule are available for public

inspection at EPA's Region 9 office during normal business hours at the

following address: Permits Office (AIR-3), Air Division, U.S.

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

Francisco, CA 94105. Copies of the submitted rules are also available

for inspection at the following locations:

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

Yolo-Solano Air Quality Management District, 1947 Galileo Ct., Suite

103, Davis, CA 95616.

FOR FURTHER INFORMATION CONTACT: Steve Ringer, (AIR-3), Air Division,

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

San Francisco, CA 94105-3901. (415) 744-1260.

SUPPLEMENTARY INFORMATION: The air quality planning requirements for

nonattainment NSR are set out in part D of title I of the Clean Air

Act. EPA has issued a ``General Preamble'' describing EPA's preliminary

views on how EPA intends to review SIPs and SIP revisions submitted

under part D, including those State submittals containing nonattainment

NSR SIP requirements [see 57 FR 13498 (April 16, 1992) and 57 FR 18070

(April 28, 1992)]. Because EPA is describing its interpretations here

only in broad terms, the reader should refer to the General Preamble

for a more detailed discussion. EPA has also proposed regulations to

implement the changes under the 1990 Amendments in the NSR provisions

in parts C and D of Title I of the Act. [See 61 FR 38249 (July 23,

1996)]. Upon final promulgation of those regulations, EPA will review

those NSR SIP submittals on which it has already taken final action to

determine whether additional SIP revisions are necessary.

I. Procedural Background

The Act requires States to observe certain procedural requirements

in developing implementation plans and plan revisions for submission to

EPA. Section 110(a)(2) and section 110(l) of the Act provide that each

implementation plan or revision to an implementation plan submitted by

a State must be adopted after reasonable notice and public hearing.

Section 172(c)(7) of the Act provides that plan provisions for

nonattainment areas shall meet the applicable provisions of Section

110(a)(2).

Rule 3.1 was adopted by the District Board of Directors on February

23, 1994, and submitted to EPA as an amendment to the SIP on October

19, 1994. Rule 3.2 was adopted by the District on August 25, 1993, and

submitted to EPA on March 29, 1994. Rule 3.4 was adopted by the

District on December 11, 1996, and submitted to EPA on March 26, 1997.

Rules 3.14 and 3.15 were adopted by the District on September 22, 1993,

and submitted to EPA on March 29, 1994.

EPA deemed the submittals complete on December 1, 1994, June 3,

1994, May 14, 1997, and June 3, 1994, respectively. EPA made its

determinations of completeness pursuant to EPA's completeness criteria

that are set forth in 40 CFR part 51 appendix V.1

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\1\ 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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II. Summary of Rule Contents

The Yolo-Solano Air Quality Management District submitted to EPA

for adoption into the applicable NSR SIP Rules 3.1, 3.2, 3.4, 3.14, and

3.15, which constitute the District's new source permitting rules. Rule

3.1 contains the District's general requirement that new and modifying

sources must obtain an authority to construct (ATC) permit prior to

construction. Rule 3.2 contains a list of exemptions from the ATC

permit requirements. Rule 3.4 contains the District's NSR definitions,

administrative requirements, and the standards which a stationary

source must meet in order to obtain an ATC permit. Rule 3.14 creates an

administrative mechanism for certifying emission reduction credits

(ERCs), and Rule 3.15 establishes the District's Priority Reserve bank

for ERCs.

Rules 3.1, 3.2, 3.4, 3.14, and 3.15 represent comprehensive

revisions to the District's NSR permitting regulations. These rules

subsume all elements of the District NSR rules that are currently in

the SIP, and are thus intended to supersede District Rules 3.1, 3.2,

3.3, 3.4, 3.4.1, 3.4.2, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, and 3.13

which were approved into the SIP by EPA on various dates between March

31, 1972 and April 17, 1989.

The District is composed of Yolo County and part of Solano County,

and is designated as a severe ozone nonattainment area. The District is

designated attainment for PM10, NO2, SO2 and CO. For the detailed area

designations that apply to the District, please refer to 40 CFR

Sec. 81.305. The CAA air quality planning requirements for

nonattainment NSR are set out in part D of Title I of the Act, with

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implementing regulations at 40 CFR Secs. 51.160 through 51.165. EPA has

determined that the District's submittal satisfies these requirements.

For a more detailed description of how the submitted Rules meet the

Act's applicable requirements, please refer to EPA's technical support

document (TSD) for this action.

III. Action

EPA has evaluated Rules 3.1, 3.2, 3.4, 3.14, and 3.15 and has

determined that they are consistent with the CAA, EPA regulations and

EPA policy. Therefore, District Rules 3.1, 3.2, 3.4, 3.14, and 3.15 are

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

requirements of section 110(a), and part D of Title I of the Act.

IV. 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.

EPA is taking this action without prior proposal in part because

the District has provided public workshops in the development of the

submitted rules, and provided the opportunity for public comment prior

to adoption of the submitted rules. At that time, no significant

comments were received by the District. The Agency therefore views this

as a non-controversial amendment and anticipates no adverse comments.

However, in a separate document in this Federal Register publication,

EPA is proposing to approve the SIP revision should adverse or critical

comments be filed. This action will be effective September 5, 1997,

unless, by August 6, 1997, adverse or critical comments are received.

If 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. 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 September 5, 1997.

V. Administrative Requirements

A. 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 E.O. 12866 review.

B. 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 populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act do not create any new requirements but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP approval does not impose any new requirements, the

Administrator certifies 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 CAA, preparation of a flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. 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

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 this approval action 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.

D. 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).

E. Petitions for Judicial Review

Under section 307(b)(1) of the Clean Air Act, petitions for

judicial review of this action must be filed in the United States Court

of Appeals for the appropriate circuit by September 5, 1997. 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, New source

review, Nitrogen dioxide, Particulate matter, Reporting and

recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.

Dated: June 4, 1997.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

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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 paragraphs (c)(196)(i)(D),

(c)(202)(i)(F), (c)(245) and adding and reserving paragraph (c)(244) to

read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(196) * * *

(i) * * *

(D) Yolo-Solano Air Quality Management District.

(1) Rule 3.2, adopted on August 25, 1993; and rules 3.14 and 3.15,

adopted on September 22, 1993.

* * * * *

(202) * * *

(i) * * *

(F) Yolo-Solano Air Quality Management District.

(1) Rule 3.1, adopted on February 23, 1994.

* * * * *

(244) [Reserved]

* * * * *

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

submitted on March 26, 1997, by the Governor's designee.

(i) Incorporation by reference.

(A) Yolo-Solano Air Quality Management District.

(1) Rule 3.4, adopted on December 11, 1996.

* * * * *

[FR Doc. 97-17599 Filed 7-3-97; 8:45 am]

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