[Federal Register Volume 61, Number 24 (Monday, February 5, 1996)]
[Rules and Regulations]
[Pages 4217-4220]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2247]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Parts 52 and 70

[CA 147-2-7201; AD-FRL-5330-3]


Clean Air Act Final Interim Approval of the Operating Permits 
Program; Approval of State Implementation Plan Revision for the 
Issuance of Federally Enforceable State Operating Permits; Mojave 
Desert Air Quality Management District, California

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final interim approval.

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SUMMARY: The EPA is promulgating interim approval of the Operating 
Permits Program submitted by the California Air Resources Board on 
behalf of the Mojave Desert Air Quality Management District (AQMD), 
California (district) for the purpose of complying with Federal 
requirements for an approvable State program to issue operating permits 
to all major stationary sources, and to certain other sources. In 
addition, EPA is promulgating final approval of a revision to Mojave 
Desert's portion of the California State Implementation Plan (SIP) 
regarding synthetic minor regulations for the issuance of federally 
enforceable state operating permits (FESOP). In order to extend the 
federal enforceability of state operating permits to hazardous air 
pollutants (HAP), EPA is also finalizing approval of Mojave Desert's 
synthetic minor regulations pursuant to section 112(l) of the Clean Air 
Act (CAA or Act). Finally, today's action grants final approval to 
Mojave Desert's mechanism for receiving delegation of section 112 
standards as promulgated.

EFFECTIVE DATE: March 6, 1996.

ADDRESSES: Copies of the district's submittal and other supporting 
information used in developing the final interim approval are available 
for inspection during normal business hours at the following location: 
Operating Permits Section, A-5-2, Air 

[[Page 4218]]
and Toxics Division, U.S. EPA-Region IX, 75 Hawthorne Street, San 
Francisco, California 94105.

FOR FURTHER INFORMATION CONTACT: Sara Bartholomew (telephone 415/744-
1170), 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

A. Introduction

    Title V of the 1990 Clean Air Act Amendments (sections 501-507 of 
the 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 July 3, 1995, EPA proposed interim approval of the operating 
permits program for Mojave Desert AQMD, California. See 54 FR 34488. 
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. Public comment was 
solicited on these proposed actions. EPA received no public comment on 
the proposal. In this notice, EPA is promulgating interim approval of 
Mojave Desert's operating permits program and approving the section 
112(g) and section 112(l) mechanisms noted above.
    On June 28, 1989 (54 FR 27274), EPA published criteria for 
approving and incorporating into the SIP regulatory programs for the 
issuance of federally enforceable state operating permits. Permits 
issued pursuant to a program meeting the June 28, 1989 criteria and 
approved into the SIP are considered federally enforceable for criteria 
pollutants. The synthetic minor mechanism may also be used to create 
federally enforceable limits for emissions of HAP if it is approved 
pursuant to section 112(l) of the Act.
    In the July 3, 1995 Federal Register document, EPA also proposed 
approval of Mojave Desert's synthetic minor program for creating 
federally enforceable limits in District operating permits. In this 
document, EPA is promulgating approval of the synthetic minor program 
for Mojave Desert as a revision to the district's SIP and pursuant to 
section 112(l) of the Act.

II. Final Action and Implications

A. Analysis of State Submission

Comments
    On July 3, 1995, EPA proposed interim approval of Mojave Desert's 
title V operating permits program as it was submitted on March 10, 
1995. Since the time that EPA proposed interim approval, Mojave Desert 
adopted regulations to implement title IV of the Act. On June 28, 1995, 
Mojave Desert incorporated part 72 by reference into District Rule 
1210. Rule 1210 was submitted to EPA on August 3, 1995, and it corrects 
the third program deficiency identified in the proposed interim 
approval notice by adopting regulations to implement title IV of the 
Act.
    EPA received no adverse public comment on Mojave Desert's title V 
operating permits program, the proposed approval of Mojave Desert's 
synthetic minor program, or program for receiving section 112(l) 
standards as promulgated.

B. Final Action

1. Title V Operating Permits Program
    The EPA is promulgating interim approval of Mojave Desert's title V 
operating permits program as submitted on March 10, 1995. EPA did not 
receive any comments on the changes that were outlined as necessary for 
full approval. Therefore, the program deficiencies described in the 
proposed rulemaking, under II.B.1.(a), Proposed Interim Approval, and 
the legislative deficiency outlined under II.B.1.(b), Legislative 
Source Category-Limited Interim Approval Issue, must be corrected in 
order for the district to be granted full approval.
    The scope of the Mojave Desert's part 70 program approved in this 
notice applies to all part 70 sources (as defined in the approved 
program) within the district, except any sources of air 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 CAA; 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 
March 5, 1998. During this interim approval period, Mojave Desert is 
protected from sanctions, and EPA is not obligated to promulgate, 
administer and enforce a Federal operating permits program in this 
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 Mojave Desert fails to submit a complete corrective program for 
full approval by September 5, 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 Mojave Desert, 
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, Mojave Desert still has not 
submitted a corrective program that EPA has found complete, a second 
sanction will be required.
    If EPA disapproves Mojave Desert'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 Mojave Desert, 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 

[[Page 4219]]
sanction, Mojave Desert 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 Mojave 
Desert 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's 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 Mojave Desert upon interim approval 
expiration.
2. District Preconstruction Permit Program Implementing Section 112(g)
    EPA is approving the use of Mojave Desert's preconstruction review 
program found in Regulation XIII (New Source Review) as a mechanism to 
implement section 112(g) during the transition period between 
promulgation of EPA's section 112(g) rule and adoption by Mojave Desert 
of rules specifically designed to implement section 112(g). EPA is 
limiting the duration of this approval to 18 months following 
promulgation by EPA of the section 112(g) rule.
3. 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 Mojave 
Desert'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.
4. State Operating Permit Program for Synthetic Minors
    EPA is promulgating full approval of Mojave Desert's synthetic 
minor operating permit program, adopted by the district on December 21, 
1994, and submitted to EPA by the California Air Resources Board, on 
behalf of the Mojave Desert, on March 31, 1995. The synthetic minor 
operating permit program is being approved into Mojave Desert's SIP 
pursuant to part 52 and the five approval criteria set out in the June 
28, 1989 Federal Register document (54 FR 27282). EPA is also 
promulgating full approval pursuant to section 112(l)(5) of the Act so 
that HAP emission limits in synthetic minor operating permits may be 
deemed federally enforceable.
    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.

III. Administrative Requirements

A. Docket

    Copies of Mojave Desert's submittal and other information relied 
upon for the final interim approval are contained in docket number CA-
MJ-95-01-OPS, maintained 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 
Executive Order 12866 review.

C. Regulatory Flexibility Act

    The EPA's actions under sections 502, 110, and 112 of the Act do 
not create any new requirements, but simply address 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, no additional costs to state, local, 
or tribal governments, or to the private sector, result from this 
action.

List of Subjects

40 CFR Part 52

    Environmental protection, Air pollution control, Carbon monoxide, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Lead, Nitrogen dioxide, Ozone, Particulate matter, Sulfur oxides, 
Volatile organic compounds.

40 CFR Part 70

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

    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: October 31, 1995.
Felicia Marcus,
Regional Administrator.

    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)(216)(i)(A)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (216) * * *
    (i) * * *
    (A) * * * 
    
[[Page 4220]]

    (2) Rule 221, adopted December 21, 1994.
* * * * *

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 (q) to the 
entry for California to read as follows:

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

* * * * *
    (q) Mojave Desert AQMD (complete submittal received on March 10, 
1995); interim approval effective on March 6, 1996; interim approval 
expires March 5, 1998.
* * * * *
[FR Doc. 96-2247 Filed 2-2-96; 8:45 am]
BILLING CODE 6560-50-P