Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, San Joaquin Valley Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 128-0043; FRL-5875-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, San Joaquin Valley Unified Air

Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the

California State Implementation Plan. The revisions concern negative

declarations from the San Joaquin Valley Unified Air Pollution Control

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

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

Cement Manufacturing Plants, Asphalt Batch Plants, Iron and Steel

Manufacturing Plants, and Driers. The SJVUAPCD 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 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 October 14, 1997 unless adverse or

critical comments are received by September 15, 1997. If the effective

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

Register.

ADDRESSES: Comments must be submitted to Julie Rose at the Region IX

office listed below. 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 Office (AIR-4), Air 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, S.W., Washington, D.C. 20460

California Air Resources Board, Stationary Source Division, Rule

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

San Joaquin Valley Unified Air Pollution Control District, 1999

Tuolumne Street, Fresno, CA 93721

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

4), Air Division, U.S. Environmental Protection Agency, 75 Hawthorne

Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

The revisions being approved as additional information for the

California SIP include five negative declarations from the SJVUAPCD

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

Manufacturing Plants, (2) Cement Manufacturing Plants, (3) Asphalt

Batch Plants, (4) Iron and Steel Manufacturing Plants, and (5) Driers.

These negative declarations were submitted by the California Air

Resources Board (CARB) to EPA on October 17, 1994.

II. Background

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

were enacted. Public Law 101-549, 104 Stat.

[[Page 43646]]

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 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 San Joaquin Valley Air Basin (SJVAB) is

classified as a serious nonattainment area for ozone.1 The

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

cited above.

---------------------------------------------------------------------------

\1\ The San Joaquin Valley Air Basin retained its designation

of nonattainment and was 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).

---------------------------------------------------------------------------

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. EPA has issued

guidance documents in the form of Alternative Control Techniques for

nine NOx source categories: (1) Nitric and Adipic Acid

Manufacturing Plants, (2) Stationary Combustion Gas Turbines, (3)

Process Heaters, (4) Stationary Internal Combustion Engines, (5)

Utility Boilers, (6) Cement Manufacturing, (7) Glass Manufacturing, (8)

Iron and Steel Plants, and (9) Industrial, Commercial, and

Institutional Boilers.

The five negative declarations were adopted on September 14, 1994

and submitted by the State of California on October 17, 1994. The

submitted negative declarations were found to be complete on December

1, 1994 pursuant to EPA's completeness criteria that are set forth in

40 CFR part 51 Appendix V.2 These negative declarations are

being finalized for approval into the SIP as additional information.

---------------------------------------------------------------------------

\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).

---------------------------------------------------------------------------

This document addresses EPA's direct final action for the SJVUAPCD

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

Plants, (2) Cement Manufacturing Plants, (3) Asphalt Batch Plants, and

(4) Iron and Steel Manufacturing Plants, and (5) Driers. The submitted

negative declarations certify that there are no NOx sources

in these source categories located inside SJVUAPCD. 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.

III. 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 September 14, 1994, the SJVUAPCD Board

affirmed that the SJVUAPCD 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.

SJVUAPCD's negative declarations for Nitric and Adipic Acid

Manufacturing Plants, Cement Manufacturing Plants, Asphalt Batch

Plants, Iron and Steel Manufacturing Plants, and Driers 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 October 14, 1997, unless, by September 15, 1997, 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 October 14, 1997.

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.

IV. Administrative Requirements

A. Executive Order 12866

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

[[Page 43647]]

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 the approval action promulgated 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 October 14, 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,

Intergovernmental relations, Nitrogen dioxide, Reporting and

recordkeeping requirements, Volatile organic compounds.

Dated: August 1, 1997.

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

read as follows:

Sec. 52.222 Negative declarations.

* * * * *

(b) * * *

(2) San Joaquin Valley Unified Air Pollution Control District.

(i) Nitric and Adipic Acid Manufacturing Plants, Cement

Manufacturing Plants, Asphalt Batch Plants, Iron and Steel

Manufacturing Plants, and Driers were submitted on October 17, 1994 and

adopted on September 14, 1994.

* * * * *

[FR Doc. 97-21694 Filed 8-14-97; 8:45 am]

BILLING CODE 6560-50-P