[Federal Register Volume 60, Number 175 (Monday, September 11, 1995)]
[Rules and Regulations]
[Pages 47074-47076]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-22148]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 137-1-7051a; FRL-5262-2]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Mojave Desert Air Quality 
Management 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 Mojave Desert Air Quality Management District 
(MDAQMD) for two source categories that emit volatile organic compounds 
(VOC): Asphalt Air Blowing and Vacuum Producing Devices or Systems. 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 

[[Page 47075]]
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 action is effective on November 13, 1995 unless adverse or 
critical comments are received by October 11, 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
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) Asphalt Air Blowing and 
(2) Vacuum Producing Devices or Systems. These negative declarations 
were submitted by the California Air Resources Board (CARB) to EPA on 
December 20, 1994 and December 29, 1994, respectively.

Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in l977 
(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 declaration for Asphalt Air Blowing was adopted on 
October 26, 1994 and submitted by the State of California on December 
20, 1994 and the negative declaration for Vacuum Producing Devices or 
Systems was adopted on December 21, 1994 and submitted by the State of 
California for the MDAQMD on December 29, 1994. The submitted negative 
declarations were found to be complete on January 3, 1995 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 as 
additional information. This notice addresses EPA's direct-final action 
for the MDAQMD negative declarations for Asphalt Air Blowing and Vacuum 
Producing Devices or Systems. 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.

    \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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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 Board Resolution No. 94-26, the District rescinded Rule 470, 
Asphalt Air Blowing. Asphalt Air Blowing Operations are typically 
conducted at refineries, and there are no refineries located in MDAQMD. 
MDAQMD's emission inventory has also revealed that there are no sources 
of VOC emissions from this source category. In Board Resolution No. 94-
38, the District rescinded Rule 465, Vacuum Producing Devices or 
Systems and certified that MDAQMD's emission inventory has revealed 
that there are no sources of VOC emissions from this source category 
located within the MDAQMD's jurisdiction.
    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 Asphalt Air Blowing and Vacuum 
Producing Devices or Systems 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 November 
13, 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 

[[Page 47076]]
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 November 13, 1995, unless, by no later 
than October 11, 1995, 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 November 13, 1995.

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. 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).

Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Part D of the Clean Air 
Act. These rules may bind State, local, and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. The negative declarations being approved by this action 
will impose no new requirements because affected sources are already 
subject to these regulations under State law. Therefore, no additional 
costs to State, local, or tribal governments or to the private sector 
result from this action. EPA has also determined that this [proposed or 
final] action does not include a mandate that may result in estimated 
costs of $100 million or more to State, local, or tribal governments in 
the aggregate or to the private sector.
    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 July 10, 1995.
Felicia Marcus,
Regional Administrator.

    Subpart F of Part 52, Chapter I, Title 40 of the Code of Federal 
Regulations is amended as follows:

PART 52--[AMENDED]

Subpart F--California

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 52.220 is amended by removing paragraph (c)(198)(ii).
    3. Subpart F is amended by adding Sec. 52.222 to read as follows:


Sec. 52.222  Negative declarations.

    (a) The following air pollution control districts submitted 
negative declarations for volatile organic compound source categories 
to satisfy the requirements of section 182 of the Clean Air Act, as 
amended. The following negative declarations are approved as additional 
information to the State Implementation Plan.
    (1) Mojave Desert Air Quality Management District.
    (i) Natural Gas and Gasoline Processing Equipment and Chemical 
Processing and Manufacturing were submitted on July 13, 1994 and 
adopted on May 25, 1994.
    (ii) Asphalt Air Blowing was submitted on December 20, 1994 and 
adopted on October 26, 1994.
    (iii) Vacuum Producing Devices or Systems was submitted on December 
29, 1994 and adopted on December 21, 1994.

[FR Doc. 95-22148 Filed 9-8-95; 8:45 am]
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