Clean Air Act Approval and Promulgation of Title V Operating Permits Program Revisions; State Implementation Plan Revision, Santa Barbara County Air Pollution Control District, California

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Parts 52 and 70

[CA-002-PP; FRL-5926-2]

Clean Air Act Approval and Promulgation of Title V Operating

Permits Program Revisions; State Implementation Plan Revision, Santa

Barbara County Air Pollution Control District, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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

SUMMARY: EPA is finalizing the approval of a revision to Rule 1301 of

Regulation XIII proposed in the Federal Register on September 3, 1997,

both as a revision to the federally-approved State Implementation Plan

(SIP) and as a revision to the title V operating permit program adopted

by the Santa Barbara County Air Pollution Control District (Santa

Barbara, SBCAPCD, or District) on September 18, 1997. This approval

action will incorporate this rule into the federally approved SIP. The

intended effect of approving this revision is to allow Department of

Defense (DoD) facilities to become exempt from title V of the Clean Air

Act permit requirements, if the source implements an emission reduction

plan that achieves a minimum reduction of 10 tons per year of ozone

precursors.

Thus, EPA is finalizing the approval of this rule as a revision to

the title V operating permit program, and as a revision 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 26, 1997.

ADDRESSES: Copies of the rule revision and EPA's evaluation report is

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

business hours. Copies of the submitted rule revision is available for

inspection during normal business hours at the following locations:

Permits Office (AIR-3), Air Division, U.S. Environmental Protection

[[Page 62950]]

Agency, Region IX, 75 Hawthorne Street, 17th Floor, San Francisco, CA

94105

Santa Barbara County Air Pollution Control District, 26 Castilian Drive

B-23, Goleta, CA 93117

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

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

Street, S.W., Washington, D.C. 20460

FOR FURTHER INFORMATION CONTACT: John Walser (telephone 415/744-1257),

Permits Office (AIR-3), Air Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.

SUPPLEMENTARY INFORMATION:

I. Applicability

The following rule is being approved into the California SIP:

SBCAPCD Rule 1301--Part 70 Operating Permit Program--General

Information.

II. Background

On September 3, 1997, in 62 FR 46451, EPA proposed to approve the

following rule in the California SIP and as a revision to the title V

program: SBCAPCD Rule 1301--Part 70 Operating Permit Program--General

Information. On behalf of the District, Rule 1301 was submitted by the

California Air Resources Board to EPA on October 10, 1997 as a revision

to the title V program, and on October 31, 1997 as a SIP-submittal. A

detailed discussion of the background for the above rule is provided in

the Proposed Rulemaking (NPRM) cited above.

EPA has evaluated the above rule for consistency with the

requirements of the CAA and EPA regulations and EPA interpretation of

these requirements as expressed in the various EPA policy guidance

documents referenced in the NPRM cited above. EPA has found that the

rule meets the applicable EPA requirements. On October 31, 1997, EPA

reviewed this rule for completeness and found that the rule conformed

to the completeness criteria in 40 CFR part 51, Appendix V.

III. Response to Comments

A 30 day public comment period was provided in 62 FR 46451. EPA

received no comments.

IV. EPA Action

EPA is finalizing action to approve the above rule as a revision to

the title V Operating Permit Program and for inclusion into the

California SIP. EPA is approving the submittal under section 110(k)(3)

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

approval action will incorporate this rule into the federally approved

SIP and revise the title V program. These revisions apply to any source

under jurisdiction of the SBCAPCD that qualifies as a Part 70 source

and meets the requirements for exclusion of military tactical support

and/or infrastructure building maintenance equipment at a Department of

Defense facility. In Santa Barbara County, only Vandenberg Air Force

Base (VAFB) meets these requirements.

The revision enables VAFB to comply with Rule 370, the District's

prohibitory rule, which limits the Base's potential to emit to below

the title V applicability thresholds and requires VAFB to reduce its

annual emissions rate of ozone precursors by at least 10 tons through

the ENVVEST initiative. The rule revision also includes emission

reduction plan requirements and milestones to be approved by the

District and made federally-enforceable by the EPA by incorporating the

rule revisions into the SIP for California, if EPA finds that the

planned emission reductions are real, quantifiable, surplus, and

enforceable.

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.

V. Administrative Requirements

A. Docket

Copies of Santa Barbara's submittal and other information relied

upon for final actions are contained in docket number CA-002-PP

maintained at the EPA Regional Office. The docket is an organized and

complete file of all the information submitted to, or otherwise

considered by, EPA in the development of this final rulemaking. The

docket is available for public inspection at the location listed under

the ADDRESSES section of this document.

B. Regulatory Flexibility Act

The EPA's actions under section 502 of the Act do not create any

new requirements, but simply address revisions to Santa Barbara's

existing operating permits program that was submitted to satisfy the

requirements of 40 CFR part 70. Because this action does not impose any

new requirements, it does not have a significant impact on a

substantial number of small entities.

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

the 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 today 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. Executive Order 12866

The Office of Management and Budget has exempted this action from

review under Executive Order 12866.

E. 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'' as defined by 5 U.S.C.

804(2).

F. 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 January 26, 1998. 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

[[Page 62951]]

be challenged later in proceedings to enforce its requirements. (See

section 307(b)(2).)

List of Subjects

40 CFR Part 52

Environmental protection, Air pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by reference, Intergovernmental relations,

Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides,

Volatile organic compounds.

40 CFR Part 70

Environmental protection, Administrative practice and procedure,

Air pollution control, Hazardous substances, Intergovernmental

relations, Operating permits, Reporting and recordkeeping requirements.

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.

Date Signed: November 14, 1997.

Felicia Marcus,

Regional Administrator.

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 and reserving paragraphs

(c)(247) through (c)(249) and by adding paragraph (c)(250) to read as

follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(247) [Reserved]

(248) [Reserved]

(249) [Reserved]

(250) New regulations for the following APCD were submitted on

October 31, 1997, by the Governor's designee.

(i) Incorporation by reference.

(A) Santa Barbara County Air Pollution Control District.

(1) Rule 1301 adopted on September 18, 1997.

PART 70--[AMENDED]

1. The authority citation for part 70 continues to read as follows:

Authority: 42 U.S.C. 7401, et seq.

2. Appendix A to part 70 is amended by revising paragraph (aa) to

the entry for California to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating

Permits Programs

* * * * *

California

* * * * *

(aa) Santa Barbara County Air Pollution Control District (APCD)

submitted on November 15, 1993, as amended March 2, 1994, August 8,

1994, December 8, 1994, June 15, 1995, and September 18, 1997;

interim approval effective on December 1, 1995; interim approval

expires on October 1, 1998.

* * * * *

[FR Doc. 97-30951 Filed 11-25-97; 8:45 am]

BILLING CODE 6560-50-P