[Federal Register Volume 61, Number 213 (Friday, November 1, 1996)]
[Rules and Regulations]
[Pages 56472-56474]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27844]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 168-0019a; FRL-5641-7]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan. The revisions concern negative 
declarations from the Sacramento Metropolitan Air Quality Management 
District (SMAQMD) for five source categories that emit oxides of 
nitrogen (NOX): Nitric and Adipic Acid Manufacturing Plants, 
Utility Boilers, Cement Manufacturing Plants, Glass Manufacturing 
Plants, and Iron and Steel Manufacturing Plants. The SMAQMD 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

[[Page 56473]]

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.

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
Sacramento Metropolitan Air Quality Management District, Rule 
Development Section, 8411 Jackson Road, Sacramento, CA 95826

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 five negative declarations from the SMAQMD 
regarding the following source categories: (1) Nitric and Adipic Acid 
Manufacturing Plants, (2) Utility Boilers, (3) Cement Manufacturing 
Plants, (4) Glass Manufacturing Plants, and (5) Iron and Steel 
Manufacturing Plants. These negative declarations were submitted by the 
California Air Resources Board (CARB) to EPA on March 4, 1996.

Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA) 
were enacted. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 
7401-7671q. The air quality planning requirements for the reduction of 
NOX emissions through reasonably available control technology 
(RACT) are set out in section 182(f) of the CAA. On November 25, 1992, 
EPA published a notice of proposed rulemaking entitled ``State 
Implementation Plans; Nitrogen Oxides Supplement to the General 
Preamble; Clean Air Act Amendments of 1990 Implementation of Title I; 
Proposed Rule,'' (the NOX Supplement) which describes the 
requirements of section 182(f). The NOX Supplement should be 
referred to for further information on the NOX requirements and is 
incorporated into this document by reference. Section 182(f) of the 
Clean Air Act requires states to apply the same requirements to major 
stationary sources of NOX (``major'' as defined in section 302 and 
section 182 (c), (d), and (e)) as are applied to major stationary 
sources of volatile organic compounds (VOCs), in moderate or above 
ozone nonattainment areas. The Sacramento Metropolitan Area (SMA) is 
classified as a severe nonattainment area for ozone 1. The SMA 
area is subject to the RACT requirements of section 182(b)(2), cited 
above.
---------------------------------------------------------------------------

    \1\ The Sacramento Metropolitan Area was designated 
nonattainment and 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). The Sacramento Metropolitan Area 
was reclassified from serious to severe on June 1, 1995. See 60 FR 
20237 (April 25, 1995).
---------------------------------------------------------------------------

    Section 182(b)(2) requires submittal of RACT rules for major 
stationary sources of VOC emissions (not covered by a pre-enactment 
control technique guidelines (CTG) document or a post-enactment CTG 
document) by November 15, 1992. There were no NOX CTGs issued 
before enactment and EPA has not issued a CTG document for any NOX 
category since enactment of the CAA.
    The five negative declarations were adopted on August 3, 1995, and 
submitted by the State of California on March 4, 1996. The submitted 
negative declarations were found to be complete on June 27, 1996, 
pursuant to EPA's completeness criteria that are set forth in 40 CFR 
part 51, appendix V 2 and are being finalized for approval into 
the SIP as additional information.
---------------------------------------------------------------------------

    \2\ 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).
---------------------------------------------------------------------------

    This document addresses EPA's direct final action for the SMAQMD 
negative declarations for: (1) Nitric and Adipic Acid Manufacturing 
Plants, (2) Utility Boilers, (3) Cement Manufacturing Plants, (4) Glass 
Manufacturing Plants, and (5) Iron and Steel Manufacturing Plants. The 
submitted negative declarations certify that there are no NOX 
sources in these source categories located inside SMAQMD. Therefore, 
the determination being evaluated is that there is no need to have RACT 
rules in the SIP for these source categories at this time.

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 Resolution dated August 3, 1995, the SMAQMD Board affirmed 
that the SMAQMD 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 regulations, and EPA policy. 
SMAQMD's negative declarations for Nitric and Adipic Acid Manufacturing 
Plants, Utility Boilers, Cement Manufacturing Plants, Glass 
Manufacturing Plants, and Iron and Steel Manufacturing Plants 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.

[[Page 56474]]

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, Oxides of 
nitrogen, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Dated: October 17, 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 (b) to read 
as follows:


Sec. 52.222  Negative declarations.

* * * * *
    (b) The following air pollution control districts submitted 
negative declarations for oxides of nitrogen 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) Sacramento Metropolitan Air Quality Management District.
    (i) Nitric and Adipic Acid Manufacturing Plants, Utility Boilers, 
Cement Manufacturing Plants, Glass Manufacturing Plants, and Iron and 
Steel Manufacturing Plants were submitted on March 4, 1996, and adopted 
on August 3, 1995.
[FR Doc. 96-27844 Filed 10-31-96; 8:45 am]
BILLING CODE 6560-50-P