[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Rules and Regulations]
[Pages 56474-56477]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27842]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 159-0018a; FRL-5641-5]


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 eight source categories that emit volatile organic 
compounds (VOC): Synthetic Organic Chemical Manufacturing Industry 
(SOCMI) Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset 
Lithography, Industrial Wastewater, Plastic Parts Coating-Business 
Machines, Plastic Parts Coating-Other, and Ship Building. 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). 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

[[Page 56475]]

air quality standards and plan requirements for nonattainment areas.

DATES: This action is effective on December 31, 1996, unless adverse or 
critical comments are received by December 2, 1996. 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 Francisco, CA 94105, 
Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

Applicability

    The revisions being approved as additional information for the 
California SIP include eight negative declarations from the MDAQMD 
regarding the following source categories: (1) SOCMI Distillation, (2) 
SOCMI Reactors, (3) SOCMI Batch Processing, (4) Offset Lithography, (5) 
Industrial Wastewater, (6) Plastic Parts Coating-Business Machines, (7) 
Plastic Parts-Other, and (8) Ship Building. These negative declarations 
were submitted by the California Air Resources Board (CARB) to EPA on 
August 7, 1995.

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 District 1 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 States must develop reasonably available control 
technology (RACT) rules for sources ``covered by a Control Techniques 
Guideline (CTG) document issued by the Administrator between November 
15, 1990 and the date of attainment.'' On April 28, 1992, in the 
Federal Register, EPA published a CTG document which indicated EPA's 
intention to issue CTGs for eleven source categories and EPA's 
requirement to prepare CTGs for two additional source categories within 
the same timeframe. This CTG document established time tables for the 
submittal of a list of applicable sources and the submittal of RACT 
rules for those major sources for which EPA had not issued a CTG 
document by November 15, 1993. The CTG specified that states were 
required to submit RACT rules by November 15, 1994, for those 
categories for which EPA had not issued a CTG document by November 15, 
1993.
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    \1\  On July 1, 1993, the San Bernardino County Air Pollution 
Control District was renamed the Mojave Desert Air Quality 
Management District.
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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; 2 therefore, this area was subject to the 
post-enactment CTG requirement and the November 15, 1994 deadline. For 
source categories not represented within the portion of the MDAQMD 
designated nonattainment for ozone, EPA requires the submission of a 
negative declaration certifying that those sources are not present.
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    \2\  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 eight negative declarations were adopted on June 28, 1995, and 
submitted by the State of California on August 7, 1995. The submitted 
negative declarations were found to be complete on February 7, 1996, 
pursuant to EPA's completeness criteria that are set forth in 40 CFR 
part 51, appendix V 3 and are being finalized for approval into 
the SIP as additional information.
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    \3\  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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    This document addresses EPA's direct-final action for the MDAQMD 
negative declarations for (1) SOCMI Distillation, (2) SOCMI Reactors, 
(3) SOCMI Batch Processing, (4) Offset Lithography, (5) Industrial 
Wastewater, (6) Plastic Parts Coating-Business Machines, (7) Plastic 
Parts Coating-Other, and (8) Ship Building. The submitted negative 
declarations represent eight of the thirteen source categories listed 
in EPA's CTG document.4 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.
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    \4\ MDAQMD has developed rules for the additional five source 
categories: Aerospace, Autobody Refinishing, Clean Up Solvents, 
Volatile Organic Liquid Storage Tanks, and Wood Furniture. MDAQMD 
has submitted rules for four of the source categories and has 
developed a rule for the remaining source category.
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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).
    An analysis of MDAQMD's emission inventory revealed that there are 
no sources of VOC emissions from SOCMI Distillation, SOCMI Reactors, 
SOCMI Batch Processing, Offset Lithography, Industrial Wastewater, 
Plastic Parts Coating-Business Machines, Plastic Parts Coating-Other, 
and Ship Building. MDAQMD's review of their permit files also indicated 
that these source categories do not exist in the MDAQMD. In a document 
adopted on June 28, 1995, MDAQMD certified that MDAQMD does not have 
any major stationary sources in these source categories located within 
the federal ozone nonattainment planning area.
    EPA has evaluated these negative declarations and has determined 
that they are consistent with the CAA, EPA

[[Page 56476]]

regulations, and EPA policy. MDAQMD's negative declarations for SOCMI 
Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset 
Lithography, Industrial Wastewater, Plastic Parts-Business Machines, 
Plastic Parts-Other, and Ship Building are being approved under section 
110(k)(3) of the CAA as meeting the requirements of section 110(a) and 
Part D.
    EPA is publishing this document 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 December 31, 1996, unless, by December 2, 1996, 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 document 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 December 31, 1996.
    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.

Administrative Requirements

Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (OMB) has 
exempted this regulatory action from Executive Order 12866 review.

Regulatory Flexibility Act

    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 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.

Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major rule'' as defined by 5 
U.S.C. 804(2).

Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by December 31, 1996. 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, Hydrocarbons, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: October 6, 1996.
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]

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

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

Subpart F--California

    2. Section 52.222 is being amended by adding paragraph (a)(1)(iv) 
to read as follows:


Sec. 52.222  Negative declarations.

    (a) * * *
    (1) * * *
    (iv) Synthetic Organic Chemical Manufacturing Industry (SOCMI) 
Distillation, SOCMI Reactors, SOCMI Batch Processing, Offset 
Lithography, Industrial Wastewater, Plastic Parts Coating (Business 
Machines), Plastic Parts (Other), and Ship Building were

[[Page 56477]]

submitted on August 7, 1995 and adopted on June 28, 1995.
* * * * *
[FR Doc. 96-27842 Filed 10-31-96; 8:45 am]
BILLING CODE 6560-50-P