Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA181-0069; FRL-6110-2]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast 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

November 8, 1996. The revisions concern rules from the South Coast Air

Quality Management District. This approval action will incorporate

these rules into the federally approved SIP. The intended effect of

approving these rules is to regulate emissions of oxides of nitrogen

(NOX)and sulfur (SOX) in accordance with the

requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).

The rules concern the control of NOX and SOX

emissions from facilities in the South Coast Air Quality Management

District (SCAQMD) with four or more tons of NOX or

SOX emissions per year from permitted equipment. The subject

facilities, in order to meet annual emission reduction requirements,

will participate in an economic incentive program (EIP) in order to

reduce emissions at a significantly lower cost. 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.

EFFECTIVE DATE: This action is effective on July 15, 1998.

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:

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection

Agency, Region 9, 75 Hawthorne Street, San Francisco, CA 94105

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

SW, Washington, D.C. 20460

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812

South Coast Air Quality Management District, 21865 East Copley Drive,

Diamond Bar, CA 91765

FOR FURTHER INFORMATION CONTACT: Andrew Steckel, Rulemaking Office

(AIR-4), Air Division, U.S. Environmental Protection Agency, Region 9,

75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-

1185.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP include the

following rules from the South Coast Air Quality Management District

(SCAQMD): Rule 2000, ``General''; Rule 2001, ``Applicability''; Rule

2002, ``Allocations for Oxides of Nitrogen (NOX) and Oxides

of Sulfur (SOX) Emissions''; Rule 2004, ``Requirements'';

Rule 2005 ``New Source Review for Reclaim''; Rule 2006 ``Permits'';

Rule 2007 ``Trading Requirements''; Rule 2011 ``Requirements for

Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur

(SOX) Emissions''; Rule 2011--Appendix A, ``Protocol for

Monitoring, Reporting, and Recordkeeping for Oxides of Sulfur

(SOX) Emissions''; Rule 2012 ``Requirements for Monitoring,

Reporting, and Recordkeeping for Oxides of Nitrogen (NOX)

Emissions''; Rule 2012--Appendix A, ``Protocol for Monitoring,

Reporting, and Recordkeeping for Oxides of Nitrogen (NOX)

Emissions'' and Rule 2015 ``Backstop Provisions.'' These rules were

submitted by the California Air Resources Board (CARB) to EPA on August

28, 1996. These rules were adopted by the SCAQMD on December 7, 1995

(Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2012, and 2015) and

May 10, 1996 (Rule 2005).

This Federal Register action for the South Coast Air Quality

Management District excludes the Los Angeles County portion of the

Southeast Desert Air Quality Management Area, otherwise known as the

Antelope Valley Region in Los Angeles County, which is now under the

jurisdiction of the Antelope Valley Air Pollution Control District as

of July 1, 1997. 1

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\1\ The State has recently changed the names and boundaries of

the air basins located within the Southeast Desert Modified AQMA.

Pursuant to State regulation the Coachella-San Jacinto Planning Area

is now part of the Salton Sea Air Basin (17 Cal. Code. Reg. section

60114); the Victor Valley/Barstow region in San Bernardino County

and Antelope Valley Region in Los Angeles County is a part of the

Mojave Desert Air Basin (17 Cal. Code. Reg. section 60109). In

addition, in 1996 the California Legislature established a new local

air agency, the Antelope Valley Air Pollution Control District, to

have the responsibility for local air pollution planning and

measures in the Antelope Valley Region (California Health & Safety

Code Sec. 40106).

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II. Background

On November 8, 1996 in 61 FR 57834, EPA proposed to approve the

SCAQMD rules listed in the applicability section of this document.

These rules are part of the South Coast Air Quality Management

District's Regulation Twenty, the NOX and SOX

Regional Clean Air Incentives Market (RECLAIM). Revisions to Regulation

Twenty were adopted by the South Coast Air Quality Management District

to address all of the deficiencies which EPA identified as necessary to

be addressed to fully approve the program. These rules were adopted as

part of South Coast Air Quality Management District's efforts to

achieve the National Ambient Air Quality Standards (NAAQS) for ozone

and in response to section 182(f) NOX RACT requirements of

the Clean Air Act (CAA). A detailed discussion of the background for

each of the above rules and nonattainment areas is provided in the

Notice of Proposed Rulemaking (NPRM) cited above.

EPA has evaluated the above rules 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

rules meet the applicable EPA requirements. A detailed discussion of

the rule provisions and evaluations has been provided in the NPRM and

in the technical support document (TSD), dated August, 1996, which is

available at EPA's Region 9 office. This final approval of the August

28, 1996 submittal supersedes the limited disapproval of the March 21,

1994 submittal and removes the possibility of sanctions associated with

the final limited approval/limited disapproval published on November 8,

1996 (see 61 FR 57775). This final approval permanently stops the

sanction clock.

III. Response to Public Comments

A 30-day public comment period was provided in 61 FR 57834. EPA

received no comments.

IV. EPA Action

EPA is finalizing this action to approve the above rules for

inclusion into the California SIP. 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 these rules

into the federally approved SIP. The intended effect of approving these

rules is to regulate emissions of NOX and SOX 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 state implementation plan shall be considered separately in light

of specific technical, economic, and environmental factors and in

[[Page 32623]]

relation to relevant statutory and regulatory requirements.

V. 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 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

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the 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 August 14, 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 be challenged later in proceedings

to enforce its requirements. (See section 307(b)(2).)

F. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks. Executive Order 13045 (62 FR 19885, April 23, 1997), applies to

any rule that is (1) likely to be ``economically significant'' as

defined under Executive Order 12866, and (2) concerns an environmental

health or safety risk that EPA has reason to believe may have a

disproportionate effect on children. If a regulatory action meets both

criteria, the Agency must evaluate the environmental health or safety

effects of the planned rule on children, and explain why the planned

regulation is preferable to other potentially effective and reasonably

feasible alternatives considered by the Agency.

This rule is not subject to E.O. 13045, ``Protection of Children

from Environmental Health Risks and Safety Risks'' because this is not

an ``economically significant'' regulatory action as defined by E.O.

12866, and because it does not involve decisions on environmental

health or safety risks.

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.

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: May 4, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

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 et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs

(c)(240)(i)(A)(2), (3), and (4) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(240) * * *

(i) * * *

(A) * * *

(2) Rules 2000, 2001, 2002, 2004, 2006, 2007, 2011, 2011--Appendix

A, 2012, 2012--Appendix A, and 2015 adopted on October 15, 1993 and

amended on December 7, 1995.

(3) Rule 2012(j)(3)--Testing Guidelines (Protocol) for Alternative

Nitrogen Oxides Emission Rate Determination at Process Units, dated

March 31, 1994, adopted on December 7, 1995.

(4) Rule 2005 adopted on October 15, 1993 and amended on May 10,

1996.

* * * * *

[FR Doc. 98-15844 Filed 6-12-98; 8:45 am]

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