Clean Air Act Approval and Promulgation of California State Implementation Plan for the San Joaquin Valley Unified Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-154a; FRL6400-1]

Clean Air Act Approval and Promulgation of California State

Implementation Plan for the San Joaquin Valley Unified 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 (SIP). The revisions are rules

from the San Joaquin Valley Unified Air Pollution Control District

(District). These rules were submitted by the State on behalf of the

District to provide general permitting requirements and general

provisions for the implementation of NSR and other SIP requirements for

stationary sources in the District.

This approval action will incorporate these rules into the

federally approved SIP. EPA is approving these rules to support

District new source review (NSR) rules that are required by section

110(a) and part D of Clean Air Act as amended in 1990 (CAA or Act).

These other rules, which are required for areas that have not attained

the national ambient air quality standards (NAAQS) for one or more

pollutants, will be the subject of a subsequent rulemaking action.

Thus, EPA is finalizing the approval of these general provisions and

general permitting 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.

DATES: This rule is effective on September 21, 1999 without further

notice, unless EPA receives adverse comments by August 23, 1999. If EPA

receives such comment, it will publish a timely withdrawal in the

Federal Register informing the public that EPA's approval of these

rules will not take effect.

ADDRESSES: Comments must be submitted in writing to Ed Pike at the

Region IX mailing address listed below. Copies of the rules and EPA's

evaluation report are available for public inspection at EPA's Region

IX office during normal business hours. Copies of the submitted rules

are available for inspection at the following locations:

Permits Office (AIR-3), Air Division, Environmental Protection Agency,

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

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

SW, Washington, DC 20460

California Air Resources Board, Stationary Source Division, Rule

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

San Joaquin Valley Unified Air Pollution Control District, Central

Region, 1990 E. Gettysburg Avenue, Fresno CA 93726

A courtesy copy of these rules may be available via the Internet at

http://arbis.arb.ca.gov/drdb/sju/cur.htm. However, these versions of

the District rules may be different than the versions submitted to EPA

for approval. Readers are cautioned to verify that the adoption date of

the rule listed is the same as the rule submitted to EPA for approval.

The official submittal is only available at the four agency addresses

listed above.

FOR FURTHER INFORMATION CONTACT: Ed Pike, (telephone 415/744-1211), Air

Division (Air-3), U.S. Environmental Protection Agency, Region IX, 75

Hawthorne Street, San Francisco, CA 94105-3901, or [email protected].

SUPPLEMENTARY INFORMATION

I. Applicability

The rules being approved into the California SIP in this action are

District Rules 1110, 1140, 1150, 2010, 2031,

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2040, 2070, 2080, and 2092. Rules 1110, 1140, 1150, 2010, and 2040 were

adopted by the District Board of Directors on December 17, 1992, and

submitted to EPA by the California Air Resources Board (CARB) as a

revision to the SIP on September 28, 1994. Rules 2031, 2070, 2080, and

2092 were adopted by the District on December 17, 1992, and submitted

to EPA by CARB on November 18, 1993.

The District is composed of Fresno County, a portion of Kern County

1, Kings County, Madera County, Merced County, San Joaquin

County, Stanislaus County, and Tulare County. The eight former County

air pollution management agencies merged to form the unified Valley-

wide District in 1992. The District is designated as a serious

nonattainment area for ozone and particulate matter less than ten

microns in diameter (PM10). The District is designated

attainment for the nitrogen dioxide (NO2), sulfur dioxide

(SO2), and carbon monoxide (CO) NAAQS, although nitrogen

oxides (including NO2) and sulfur oxide (including

SO2) are regulated as precursors to other nonattainment

pollutants. For the detailed area designations that apply to the

District, please refer to 40 CFR 81.305. The CAA air quality planning

requirements for nonattainment NSR are set out in part D of Title I of

the Act, with implementing regulations at 40 CFR 51.160 through 51.165.

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\1\ This District includes the portion of Kern County defined in

District rule 1020 section 3.44 (adopted November 13, 1996 and

approved at 64 FR 13514).

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II. Summary of Rule Contents

Prior to the formation of the current District in 1992, EPA had

approved separate SIPs for each of the eight individual

Counties.2 Today's action eliminates minor variations in the

eight separate County SIPs by approving one set of rules that apply

across all eight counties. This action will provide consistency and

clarity by allowing regulated sources of air pollution, the public, and

regulatory agencies to refer to one set of rules for the entire

District rather than eight sets of rules.

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\2\ Each County SIP generally contains a rule corresponding to

each of the current District rules that EPA is taking action on,

although the current rules have been renumbered.

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District Rule 1110, ``Circumvention,'' prohibits concealment or

dilution of emissions to circumvent statutory or regulatory

requirements. District Rule 1140, ``Applicability of Emission Limits,''

states that a source subject to multiple emission limits must comply

with the most stringent applicable emission or concentration rate

unless specifically exempted. Rule 1150, ``Separation and

Combination,'' specifies how compliance is determined for emission

streams that are combined prior to release to the atmosphere. These

rules are contained in the General Provisions section of the District

regulations. They contain the procedures for implementing other

requirements, but do not contain or directly impose numerical air

pollutant limitations.

District Rule 2010, ``Permits Required,'' contains the general

requirement to (1) obtain an Authority to Construct permit for a new or

modified source; and (2) obtain a Permit to Operate prior to operation.

District Rule 2031, ``Transfer of Permits,'' requires District approval

for the transfer of a permit to a different person or piece of

equipment. District Rule 2040, ``Applications,'' requires that

applicants submit all necessary information and specifies the

administrative process for the District to act on the application.

District Rule 2070, ``Standards for Granting Applications,'' explains

the procedures for the District to approve or deny an application for

an Authority to Construct or Permit to Operate. District Rule 2080,

``Conditional Approval,'' grants the District authority to issue or

revise specific written conditions on an Authority to Construct or a

Permit to Operate to assure compliance with air contaminant emission

standards or limitations. District Rule 2092, ``Standards for Permits

to Operate,'' defines the conditions which must be met in order for the

District to issue a Permit to Operate.

III. EPA Evaluation and Action

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 part 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.

This rulemaking replaces rules from the following SIPs: Fresno

County, Kern County, Kings County, Madera County, Merced County, San

Joaquin County, Stanislaus County, and Tulare County. EPA's approval of

the following rules replaces similar categories of rules in the

individual County SIPs: Circumvention (Rule 1110), Applicability of

Emission Limits (Rule 1140), Separation and Combination (Rule 1150),

Permits Required (Rule 2010), Transfer of Permits (Rule 2031),

Applications (2040), Standards for Granting Applications (Rule 2070),

and Standards for Permits to Operate (Rule 2092). Please see the

Technical Support Document for a complete list of the SIP rules that

EPA is replacing.

EPA has evaluated District Rules 110, 1140, 1150, 2010, 2031, 2040,

2070, 2080, and 2092 and has determined that each rule is consistent

with the CAA, EPA regulations and EPA policy. These general provisions

and permitting rules will support permitting requirements for major and

minor sources in the District (updates to District New Source Review

requirements will be the subject of subsequent EPA rulemaking action).

Therefore, these rules are being approved under section 110(k)(3) of

the CAA as consistent with the requirements of section 110(a),

including section 110(a)(2)(C), and part D of Title I of the Act. For

additional description of these Rules and EPA's approval action, please

refer to the Technical Support Document for this action.

EPA is publishing this direct final approval without prior proposal

because the Agency views this SIP revision as a noncontroversial

revision and anticipates no adverse comments. However, in the proposed

rules section of this Federal Register publication, EPA is publishing a

separate document that will serve as the proposal to approve the SIP

revision should adverse comments be filed. This direct final approval

will be effective September 21, 1999 without further notice unless the

Agency receives adverse comments by August 23, 1999.

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

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received, the public is advised that this direct final approval will be

effective on September 21, 1999 and no further action will be taken on

the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

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

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

Planning and Review.

B. Executive Order 12875

Under Executive Order 12875, Enhancing the Intergovernmental

Partnership, EPA may not issue a regulation that is not required by

statute and that creates a mandate upon a State, local or tribal

government, unless the Federal government provides the funds necessary

to pay the direct compliance costs incurred by those governments, or

EPA consults with those governments. If EPA complies by consulting,

Executive Order 12875 requires EPA to provide to the Office of

Management and Budget a description of the extent of EPA's prior

consultation with representatives of affected State, local and tribal

governments, the nature of their concerns, copies of any written

communications from the governments, and a statement supporting the

need to issue the regulation. In addition, Executive Order 12875

requires EPA to develop an effective process permitting elected

officials and other representatives of State, local and tribal

governments ``to provide meaningful and timely input in the development

of regulatory proposals containing significant unfunded mandates.''

Today's rule does not create a mandate on State, local or tribal

governments. The rule does not impose any enforceable duties on these

entities. Accordingly, the requirements of section 1(a) of E.O. 12875

do not apply to this rule.

C. Executive Order 13045

Protection of Children from Environmental Health Risks and Safety

Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is

determined to be ``economically significant'' as defined under E.O.

12866, and (2) concerns an environmental health or safety risk that EPA

has reason to believe may have a disproportionate effect on children.

If the 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 because it does

not involve decisions intended to mitigate environmental health or

safety risks.

D. Executive Order 13084

Under Executive Order 13084, Consultation and Coordination with

Indian Tribal Governments, EPA may not issue a regulation that is not

required by statute, that significantly or uniquely affects the

communities of Indian tribal governments, and that imposes substantial

direct compliance costs on those communities, unless the Federal

government provides the funds necessary to pay the direct compliance

costs incurred by the tribal governments, or EPA consults with those

governments. If EPA complies by consulting, Executive Order 13084

requires EPA to provide to the Office of Management and Budget, in a

separately identified section of the preamble to the rule, a

description of the extent of EPA's prior consultation with

representatives of affected tribal governments, a summary of the nature

of their concerns, and a statement supporting the need to issue the

regulation. In addition, Executive Order 13084 requires EPA to develop

an effective process permitting elected officials and other

representatives of Indian tribal governments ``to provide meaningful

and timely input in the development of regulatory policies on matters

that significantly or uniquely affect their communities.'' Today's rule

does not significantly or uniquely affect the communities of Indian

tribal governments. Accordingly, the requirements of section 3(b) of

E.O. 13084 do not apply to this rule.

E. 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).

F. 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 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 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.

G. 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).

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H. 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 21, 1999. 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, General

provisions, Hydrocarbons, Incorporation by reference, Intergovernmental

relations, New source review, Nitrogen dioxide, Particulate matter,

Permits, Reporting and recordkeeping requirements, Sulfur dioxide,

Volatile organic compounds.

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.

Dated: July 7, 1999.

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)(194)(i)(C)(4)

and (c)(199)(i)(D)(6) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(194) * * *

(i) * * *

(C) * * *

(4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and

amended on December 17, 1992.

* * * * *

(199) * * *

(i) * * *

(D) * * *

(6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17,

1992.

* * * * *

[FR Doc. 99-18600 Filed 7-22-99; 8:45 am]

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