[Federal Register Volume 60, Number 1 (Tuesday, January 3, 1995)]
[Rules and Regulations]
[Pages 38-40]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-32232]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 96-1-6799a FRL-5130-9]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of direct final rulemaking.

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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 Mojave Desert Air Quality Management District 
(MDAQMD) for two source categories that emit volatile organic compounds 
(VOC): Natural Gas or Gasoline Processing Equipment and Chemical 
Processing and Manufacturing. The MDAQMD 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). 
In addition, the final action on these negative declarations serves as 
a final determination that the finding of nonsubmittal for these source 
categories has been corrected and that on the effective date of this 
action, any Federal Implementation Plan (FIP) clock is stopped. 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 March 6, 1995 unless 
adverse or critical comments are received by February 2, 1995. If the 
effective date is delayed, a timely notice will be published in the 
Federal Register.

ADDRESSES: 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 Section (A-5-3), Air and Toxics Division, U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 
94105 [[Page 39]] 
Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M'' 
Street, SW., Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095
Mojave Desert Air Quality Management District (formerly San Bernardino 
County Air Pollution Control District), 15428 Civic Drive, Suite 200, 
Victorville, CA 92392-2382

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105, Telephone: 
(415) 744-1184.

SUPPLEMENTARY INFORMATION:

Applicability

    The revisions being approved as additional information for the 
California SIP include two negative declarations from the MDAQMD 
regarding the following source categories: (1) Natural Gas and Gasoline 
Processing Equipment and (2) Chemical Processing and Manufacturing. 
These negative declarations were submitted by the California Air 
Resources Board (CARB) to EPA on July 13, 1994.

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 portions of San 
Bernardino County Air Pollution Control District1 within the 
Southeast Desert Air Quality Management Area (AQMA). 43 FR 8964, 40 CFR 
81.305. Because this area was 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 nonattainment areas submit reasonably available 
control technology (RACT) rules for all major sources of VOC and for 
all VOC sources covered by a Control Techniques Guideline document by 
November 15, 1992.2

    \1\On July 1, 1993, the San Bernardino County Air Pollution 
Control District was renamed the Mojave Desert Air Quality 
Management District.
    \2\Mojave Desert Air Quality Management District did not make 
the required SIP submittals by November 15, 1992. On January 15, 
1993, the EPA made a finding of failure to make a submittal pursuant 
to section 179(a)(1), which started an 18-month sanction clock. The 
negative declarations being acted on in this direct final rulemaking 
were submitted in response to the EPA finding of failure to submit.
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    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 Southeast Desert AQMA is 
classified as severe;3 therefore, this area was subject to the 
RACT catch-up requirement and the November 15, 1992 deadline.

    \3\Southeast Desert Air Quality Management 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).
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    The negative declarations were adopted on May 25, 1994 and 
submitted by the State of California for the MDAQMD on July 13, 1994. 
The submitted negative declarations were found to be complete on July 
22, 1994 pursuant to EPA's completeness criteria that are set forth in 
40 CFR part 51 Appendix V4 and are being finalized for approval 
into the SIP. This notice addresses EPA's direct-final action for the 
MDAQMD negative declarations for Natural Gas and Gasoline Processing 
Equipment and Chemical Processing and Manufacturing.

    \4\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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    The submitted negative declarations certify that there are no VOC 
sources in these source categories located inside MDAQMD's portion of 
the Southeast Desert AQMA. VOCs contribute to the production of ground 
level ozone and smog. These negative declarations were adopted as part 
of MDAQMD's effort to meet the requirements of section 182(b)(2) of the 
CAA.

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 letter dated May 25, 1994, the District certified to EPA that 
no sources of Natural Gas and Gasoline Processing Equipment exist in 
the District. This certification is based on the definition ``natural 
gas processing plant'' found in EPA's Control Technique Guideline, No. 
EPA-450/3-83-007, ``Leaks from Natural Gas/Gasoline Processing 
Equipment. In a separate letter dated May 25, 1994, the District 
certified to EPA that its emission inventory analysis revealed no 
Chemical Processing and Manufacturing facilities located within the 
federal nonattainment planning area.
    EPA has evaluated these negative declarations and has determined 
that they are consistent with the CAA, EPA regulations, and EPA policy. 
MDAQMD's negative declarations for Natural Gas and Gasoline Processing 
Equipment and Chemical Processing and Manufacturing are being approved 
under section 110(k)(3) of the CAA as meeting the requirements of 
section 110(a) and Part D. Therefore, if this direct final action is 
not withdrawn, on March 6, 1995, any FIP clock is stopped.
    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.
    EPA is publishing this notice 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 March 6, 1995, unless, within 30 days of its publication, 
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 notice 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 March 6, 1995. [[Page 40]] 

Regulatory Process

    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. Secs. 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 population of less than 
50,000.
    Because this action does not create any new requirements but simply 
includes additional information into the SIP, I certify that it does 
not have a significant impact on any small entities. Moreover, due to 
the nature of the Federal-state relationship under the CAA, preparation 
of a regulatory flexibility analysis would constitute Federal inquiry 
into the economic reasonableness of state action. The CAA forbids EPA 
to base its actions concerning SIPs on such grounds. Union Electric Co. 
v. U.S. E.P.A., 427 U.S. 246, 256-66 (S. Ct. 1976); 42 U.S.C. 
7410(a)(2).
    The OMB has exempted this action from review under Executive Order 
12866.

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.

    Dated: December 15, 1994.
David P. HoweKamp,
Acting Regional Administrator.

    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. 7401-7671q.

Subpart F--California

    2. Section 52.220 is amended by adding paragraph (c)(200)(ii) to 
read as follows:


Sec. 52.220  Identification of Plan.

* * * * *
    (c) * * *
    (200) * * *
    (ii) Additional material.
    (A) Negative Declarations for the Mojave Desert Air Quality 
Management District for the following Volatile Organic Compound 
Sources: Natural Gas and Gasoline Processing Equipment and Chemical 
Processing and Manufacturing, adopted on May 25, 1994.
* * * * *
[FR Doc. 94-32232 Filed 12-30-94; 8:45 am]
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