Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Placer County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 206-0096a; FRL-6164-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Placer County Air Pollution Control

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

California State Implementation Plan. The revisions concern negative

declarations from the Placer County Air Pollution Control District

(PCAPCD) for seven source categories that emit volatile organic

compounds (VOC) and five source categories that emit oxides of nitrogen

(NOX). The PCAPCD 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 (SIP). 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 rule is effective on November 23, 1998 without further

notice, unless EPA receives adverse comments by October 23, 1998. If

EPA receives such comments, it will publish a timely withdrawal in the

Federal Register informing the public that this rule will not take

effect.

ADDRESSES: Written comments must be submitted to Andrew Steckel,

Rulemaking Office, Air Division, (AIR-4) at the address 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.

[[Page 50767]]

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 95812

Placer County Air Pollution Control District, 11464 ``B'' Avenue,

Auburn, CA 95603

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 seven negative declarations for VOC source

categories from the PCAPCD: (1) aerospace coatings, (2) industrial

waste water treatment, (3) plastic parts coatings (business machines),

(4) plastic parts coatings (other), (5) shipbuilding and repair, (6)

synthetic organic chemical manufacturing (SOCMI)--batch plants, and (7)

SOCMI--reactors. The revision also includes five negative declarations

for NOX source categories from the PCAPCD: (1) Nitric and

Adipic Acid Manufacturing Plants, (2) Utility Boilers, (3) Cement

Manufacturing Plants, (4) Glass Manufacturing Plants, and (5) Iron and

Steel Manufacturing Plants. These negative declarations were submitted

by the California Air Resources Board (CARB) to EPA on February 25,

1998.

II. Background

On March 3, 1978, EPA promulgated a list of ozone nonattainment

areas under the provisions of the Clean Air Act, as amended in 1977

(1977 Act or pre-amended Act), that included the PCAPCD within the

Sacramento Metropolitan Area (SMA). 43 FR 8964, 40 CFR 81.305. Because

these areas were unable to meet the statutory attainment date of

December 31, 1982, California requested under section 172 (a)(2), and

EPA approved, an extension of the attainment date to December 31, 1987.

(40 CFR 52.222). On May 26, 1988, EPA notified the Governor of

California, pursuant to section 110(a)(2)(H) of the 1977 Act, that the

above district's portion of the California SIP was inadequate to attain

and maintain the ozone standard and requested that deficiencies in the

existing SIP be corrected (EPA's SIP-Call). On November 15, 1990, the

Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-549, 104

Stat. 2399, codified at 42 U.S.C. 7401-7671q.

In amended section 182(b)(2) of the CAA, Congress statutorily

adopted the requirement that States must develop reasonably available

control technology (RACT) rules for VOC sources ``covered by a Control

Techniques Guideline (CTG) document issued by the Administrator between

November 15, 1990 and the date of attainment.'' On April 28, 1992, in

the Federal Register, EPA published a CTG document which indicated

EPA's intention to issue CTGs for eleven source categories and EPA's

requirement to prepare CTGs for two additional source categories within

the same time frame. This CTG document established time tables for the

submittal of a list of applicable sources and the submittal of RACT

rules for those major sources for which EPA had not issued a CTG

document by November 15, 1993. The CTG specified that states were

required to submit RACT rules by November 15, 1994 for those categories

for which EPA had not issued a CTG document by November 15, 1993.

Section 182(f) contains the air quality planning requirements for

the reduction of NOX emissions through RACT. On November 25,

1992, EPA published a proposed rule 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. Since the SMA is classified as a severe

nonattainment area for ozone, it is also subject to the RACT

requirements of section 182(b)(2), cited above.

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.

Section 182(b)(2) applies to areas designated as nonattainment

prior to enactment of the amendments and classified as moderate or

above as of the date of enactment. The SMA is classified as severe;

1 therefore, SMA was subject to the post-enactment CTG

requirement and the November 15, 1994 deadline. For source categories

not represented within the portions of the SMA designated nonattainment

for ozone, EPA requires the submission of a negative declaration

certifying that those sources are not present.

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\1\ Sacramento Metropolitan Area 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). The Sacramento Metropolitan Area

was reclassified from serious to severe on June 1, 1995. See 60 FR

20237 (April 25, 1995).

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The seven VOC and five NOX negative declarations were

adopted on October 9, 1997 and submitted by the State of California on

February 25, 1998. The submitted negative declarations were found to be

complete on April 7, 1998 pursuant to EPA's completeness criteria that

are set forth in 40 CFR part 51 Appendix V 2 and are being

finalized for approval into the SIP as additional information.

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\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).

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

negative declarations for the following VOC categories: (1) aerospace

coatings, (2) industrial waste water treatment, (3) plastic parts

coatings (business machines), (4) plastic parts coatings (other), (5)

shipbuilding and repair, (6) SOCMI--batch plants, and (7) SOCMI--

reactors. The submitted negative declarations represent seven of the

thirteen source categories listed in EPA's CTG document.3

The submitted negative declarations certify that there are no major

facilities in these VOC or NOX source categories located

inside PCAPCD's portion of the SMA. VOCs contribute to the production

of ground level ozone and smog. These negative declarations were

adopted as part of PCAPCD's effort to meet the requirements of section

182(b)(2) of the CAA.

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\3\ PCAPCD has submitted RACT rules for five VOC source

categories: Autobody Refinishing, Clean Up Solvents, Offset

Lithography, Volatile Organic Liquid Storage Tanks, and Wood

Furniture. PCAPCD is reviewing the Achieveable Control Technology

(ACT) document on SOCMI Distillation to determine whether if they

have a major source in that source category.

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

PCAPCD

[[Page 50768]]

negative declarations for the following NOX categories: (1)

Nitric and Adipic Acid Manufacturing Plants, (2) Utility Boilers, (3)

Cement Manufacturing Plants, (4) Glass Manufacturing Plants, and (5)

Iron and Steel Manufacturing Plants. The submitted negative

declarations represent five of the nine required NOX source

categories. 4 NOX contributes to the production

of ground level ozone and smog. These negative declarations were

adopted as part of PCAPCD's effort to meet the requirements of section

182(b)(2) of the CAA.

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\4\ PCAPCD has submitted RACT rules for two source categories:

Stationary Combustion Gas Turbines and Biomass Boilers. PCAPCD has

also developed rules for Process Heaters and Industrial, Commercial,

and Institutional Boilers. PCAPCD is reviewing the ACT for

Stationary Internal Combustion Engines to determine whether a major

source exists in that district.

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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).

An analysis of PCAPCD's emission inventory revealed that there are

no major sources of VOC emissions from: aerospace coatings, industrial

waste water treatment, plastic parts coatings (business machines),

plastic parts coatings (other), shipbuilding and repair, SOCMI--batch

plants, and SOCMI--reactors. An analysis of PCAPCD's emission inventory

also revealed that there are no major sources of NOX

emissions from: Nitric and Adipic Acid Manufacturing Plants, Utility

Boilers, Cement Manufacturing Plants, Glass Manufacturing Plants, and

Iron and Steel Manufacturing Plants. PCAPCD's review of their permit

files also indicated that major sources in these source categories do

not exist in the PCAPCD. In a Resolution dated October 9, 1997, the

PCAPCD Board affirmed that the PCAPCD 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.

PCAPCD's negative declarations for the VOC and NOX sources

listed above 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 the proposed rules section of this

Federal Register publication, the EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

adverse comments be filed. This action will be effective November 23,

1998, without further notice unless the Agency receives adverse

comments by October 23, 1998.

If the EPA receives such comments, then EPA will publish a timely

withdrawal in the Federal Register informing the public that the rule

will not take effect. All public comments received will then be

addressed in a subsequent final rule based on the proposed rule. The

EPA will not institute a second comment period on this rule. Any

parties interested in commenting on this rule should do so at this

time. If no such comments are received, the public is advised that this

rule will be effective on November 23, 1998, and no further action will

be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order (E.O.) 12866, entitled

``Regulatory Planning and Review.''

The final rule is not subject to E.O. 13045, entitled ``Protection

of Children from Environmental Health Risks and Safety Risks,'' because

it is not an ``economically significant'' action under E.O. 12866.

B. Regulatory Flexibility Act

The Regulatory Flexibility Act (RFA) generally requires an agency

to conduct a regulatory flexibility analysis of any rule subject to

notice and comment rulemaking requirements unless the agency certifies

that the rule will not have a significant economic impact on a

substantial number of small entities. Small entities include small

businesses, small not-for-profit enterprises, and small governmental

jurisdictions. This final rule will not have a significant impact on a

substantial number of small entities because 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

create any new requirements, I certify that this action will not have a

significant economic impact on a substantial number of small entities.

Moreover, due to the nature of the Federal-State relationship under the

Clean Air Act, preparation of 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

annual 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 annual 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

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 Comptroller General

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).

[[Page 50769]]

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 November 23, 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).)

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Intergovernmental relations, Oxides of nitrogen, Ozone, Reporting and

recordkeeping requirements, Volatile organic compounds.

Dated: September 8, 1998.

Felicia Marcus,

Regional Administrator, Region IX.

Subpart F of 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 52.222 is being amended by adding paragraphs (a)(4) and

(b)(2) to read as follows:

Sec. 52.222 Negative declarations.

(a) * * *

(4) Placer County Air Pollution Control District.

(i) Aerospace Coatings; Industrial Waste Water Treatment; Plastic

Parts Coating: Business Machines; Plastic Parts Coating: Other;

Shipbuilding and Repair; Synthetic Organic Chemical Manufacturing,

Batch Plants; and Synthetic Organic Chemical Manufacturing, Reactors

were submitted on February 25, 1998 and adopted on October 7, 1997.

* * * * *

(b) * * *

(3) Placer County Air Pollution Control District.

(i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers,

Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and

Steel Manufacturing Plants were submitted on February 25, 1998 and

adopted on October 9, 1997.

[FR Doc. 98-25330 Filed 9-22-98; 8:45 am]

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