[Federal Register Volume 60, Number 150 (Friday, August 4, 1995)]
[Rules and Regulations]
[Pages 39862-39864]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-19001]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70

[AD-FRL-5270-3]


Clean Air Act Final Interim Approval of the Operating Permits 
Program for the Sacramento Metropolitan Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: The EPA is promulgating interim approval of the title V 
operating permits program submitted by the Sacramento Metropolitan Air 
Quality Management District (District) for the purpose of complying 
with federal requirements that mandate that states develop, and submit 
to EPA, programs for issuing operating permits to all major stationary 
sources and to certain other sources. In addition, today's action 
grants final approval to the District's mechanism for receiving 
delegation of section 112 standards as promulgated.

EFFECTIVE DATE: September 5, 1995.

ADDRESSES: Copies of the District's submittals and other supporting 
information used in developing the final approvals are available for 
inspection during normal business hours at the following location: U.S. 
Environmental Protection Agency, Region IX, Air & Toxics Division, 75 
Hawthorne Street, San Francisco, CA 94105.

FOR FURTHER INFORMATION CONTACT: Ed Pike (telephone 415/744-1248), Mail 
Code A-5-2, U.S. Environmental Protection Agency, Region IX, Air & 
Toxics Division, 75 Hawthorne Street, San Francisco, CA 94105.

SUPPLEMENTARY INFORMATION:

I. Background and Purpose

    Title V of the 1990 Clean Air Act Amendments (sections 501-507 of 
the Clean Air Act (Act)), and implementing regulations at 40 Code of 
Federal Regulations (CFR) part 70, require that states develop and 
submit operating permits programs to EPA by November 15, 1993, and that 
EPA act to approve or disapprove each program within 1 year after 
receiving the submittal. The EPA's program review occurs pursuant to 
section 502 of the Act and the part 70 regulations, which together 
outline criteria for approval or disapproval. Where a program 
substantially, but not fully, meets the requirements of part 70, EPA 
may grant the program interim approval for a period of up to 2 years. 
If EPA has not fully approved a program by 2 years after the November 
15, 1993 date, or by the end of an interim program, it must establish 
and implement a federal program.
    On June 6, 1995, EPA proposed interim approval of the operating 
permits program for the Sacramento Metropolitan Air Quality Management 
District. See 60 FR 29809. The Federal Register document also proposed 
approval of the District's interim mechanism for implementing section 
112(g) and program for delegation of section 112 standards as 
promulgated. EPA did not receive any comments on the proposal. In this 
notice, EPA is promulgating interim approval of the District's 
operating permits program and approving the section 112(g) and section 
112(l) mechanisms.

II. Final Action and Implications

A. Title V Operating Permits Program

    The EPA is promulgating interim approval of Sacramento's title V 
operating permits program as submitted on August 1, 1994. The 
District's program substantially, but not fully, meets the requirements 
of part 70 and meets the interim approval requirements under 40 CFR 
70.4. The program revisions necessary for full approval are unchanged 
from the proposal. See 60 FR 29809 (June 6, 1995).
    The scope of this approval of the District's part 70 program 
applies to all part 70 sources (as defined in the approved program) 
within Sacramento County except any sources of air 

[[Page 39863]]
pollution over which an Indian tribe has jurisdiction. See, e.g., 59 FR 
55813, 55815-18 (Nov. 9, 1994). The term ``Indian tribe'' is defined 
under the Act as ``any Indian tribe, band, nation, or other organized 
group or community, including any Alaska Native village, which is 
federally recognized as eligible for the special programs and services 
provided by the United States to Indians because of their status as 
Indians.'' See section 302(r) of the Act; see also 59 FR 43956, 43962 
(Aug. 25, 1994); 58 FR 54364 (Oct. 21, 1993).
    This interim approval, which may not be renewed, extends until 
September 4, 1997. During this interim approval period, the District is 
protected from sanctions, and EPA is not obligated to promulgate, 
administer and enforce a federal operating permits program in the 
District. Permits issued under a program with interim approval have 
full standing with respect to part 70, and the 1-year time period for 
submittal of permit applications by subject sources begins upon the 
effective date of this interim approval, as does the 3-year time period 
for processing the initial permit applications.
    If Sacramento fails to submit a complete corrective program for 
full approval by March 4, 1997, EPA will start an 18-month clock for 
mandatory sanctions. If the District then fails to submit a corrective 
program that EPA finds complete before the expiration of that 18-month 
period, EPA will be required to apply one of the sanctions in section 
179(b) of the Act, which will remain in effect until EPA determines 
that the District has corrected the deficiency by submitting a complete 
corrective program. Moreover, if the Administrator finds a lack of good 
faith on the part of the District, both sanctions under section 179(b) 
will apply after the expiration of the 18-month period until the 
Administrator determines that the District has come into compliance. In 
any case, if, six months after application of the first sanction, the 
District still has not submitted a corrective program that EPA has 
found complete, a second sanction will be required.
    If EPA disapproves Sacramento's complete corrective program, EPA 
will be required to apply one of the section 179(b) sanctions on the 
date 18 months after the effective date of the disapproval, unless 
prior to that date the District has submitted a revised program and EPA 
has determined that it corrected the deficiencies that prompted the 
disapproval. Moreover, if the Administrator finds a lack of good faith 
on the part of the District, both sanctions under section 179(b) shall 
apply after the expiration of the 18-month period until the 
Administrator determines that the District has come into compliance. In 
all cases, if, six months after EPA applies the first sanction, the 
District has not submitted a revised program that EPA has determined 
corrects the deficiencies, a second sanction is required.
    In addition, discretionary sanctions may be applied where warranted 
any time after the expiration of an interim approval period if 
Sacramento has not submitted a timely and complete corrective program 
or EPA has disapproved its submitted corrective program. Moreover, if 
EPA has not granted full approval to the District program by the 
expiration of this interim approval and that expiration occurs after 
November 15, 1995, EPA must promulgate, administer and enforce a 
federal permits program for the District upon interim approval 
expiration.
B. County Preconstruction Permit Program Implementing Section 112(g)

    EPA is approving the use of Sacramento's preconstruction review 
program found in the District's preconstruction permitting program 
(rule 202) and the District's New Source Review Guidelines for Toxics 
(Appendix B-6 of the submittal) as a mechanism to implement section 
112(g) during the transition period between promulgation of EPA's 
section 112(g) rule and the District's adoption of rules specifically 
designed to implement section 112(g). This approval is limited to the 
implementation of the 112(g) rule and is effective only during any 
transition time between the effective date of the 112(g) rule and the 
adoption of specific rules by the District to implement 112(g). The 
final 112(g) rule will determine the deadline for Sacramento to adopt a 
112(g) rule.

C. Program for Delegation of Section 112 Standards as Promulgated

    Requirements for part 70 program approval, specified in 40 CFR 
section 70.4(b), encompass section 112(l)(5) requirements for approval 
of a program for delegation of section 112 standards as promulgated by 
EPA as they apply to part 70 sources. Section 112(l)(5) requires that 
the District's program contain adequate authorities, adequate resources 
for implementation, and an expeditious compliance schedule, which are 
also requirements under part 70. Therefore, EPA is also promulgating 
approval under section 112(l)(5) and 40 CFR section 63.91 of the 
District's program for receiving delegation of section 112 standards 
that are unchanged from the federal standards as promulgated. This 
program for delegations applies to both existing and future standards 
but is limited to sources covered by the part 70 program.

III. Administrative Requirements

A. Docket

    Copies of the Sacramento's submittal and other information relied 
upon for the final interim approval, including the public comment 
letter received by EPA, are contained in the docket 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 interim approval. The docket is available for 
public inspection at the location listed under the ADDRESSES section of 
this document.

B. Executive Order 12866

    The Office of Management and Budget has exempted this action from 
review under Executive Order 12866 review.

C. Regulatory Flexibility Act

    The EPA's action under section 502 of the Act does not create any 
new requirements, but simply addresses operating permit programs 
submitted to satisfy the requirements of 40 CFR part 70. Because these 
actions do not impose any new requirements, they do not have a 
significant impact on a substantial number of small entities.

D. 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, 

[[Page 39864]]
no additional costs to state, local, or tribal governments, or to the 
private sector, result from this action.

List of Subjects in 40 CFR Part 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Hazardous substances, Intergovernmental 
relations, Operating permits, Reporting and recordkeeping requirements.

    Dated: July 21, 1995.
John Wise,
Acting Regional Administrator.
    Part 70, title 40 of the Code of Federal Regulations is amended as 
follows:

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 adding paragraph (w) to the 
entry for California as follows:

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

* * * * *
    (w) the Sacramento Metropolitan Air Quality Management District: 
(complete submittal received on August 1, 1994); interim approval 
effective on September 5, 1995; interim approval expires September 
4, 1997.
* * * * *
[FR Doc. 95-19001 Filed 8-3-95; 8:45 am]
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