[Federal Register Volume 61, Number 220 (Wednesday, November 13, 1996)]
[Rules and Regulations]
[Pages 58133-58134]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-28477]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 079-3-002; FRL-5640-2]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
October 31, 1995. The revisions concern new source review (NSR) rules 
from the Mojave Desert Air Quality Management District (MDAQMD or the 
District). This approval action will incorporate these rules into the 
federally approved SIP. The intended effect of approving these rules is 
to regulate air pollution in accordance with the requirements of the 
Clean Air Act, as amended in 1990 (CAA or the Act). The rules control 
emissions of air pollutants from new and modified stationary sources. 
Thus, EPA is finalizing the approval of these rules 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.

EFFECTIVE DATE: This action is effective on December 13, 1996.

ADDRESSES: Copies of the submitted rules and EPA's evaluation report 
are available for public inspection at EPA's Region IX office during 
normal business hours. Copies of the submitted rules are available for 
inspection at the following locations:

New Source Section (A-5-1), Air and Toxics Division, U.S. Environmental 
Protection Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 
94105.
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street, 
SW., Washington, DC 20460.
Mojave Desert AQMD, 15428 Civic Drive, suite 200, Victorville, CA 
92932.
Air Resources Board, 2020 L Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: Steve Ringer, Permits Office, Air 
Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105, Telephone: (415) 744-1260.

SUPPLEMENTARY INFORMATION:

Background

    On October 31, 1995 at 60 FR 55355, EPA proposed to approve MDAQMD 
rules 1301-1308, and 1310-1312 into the California SIP, contingent upon 
the District's adoption (and submittal as a SIP revision) of 
corrections to a number of deficiencies in the rules. On March 25, 
1996, MDAQMD adopted the following rules as the corrections required in 
the October 1995 proposed approval: MDAQMD Rule 1300, General; MDAQMD 
Rule 1301, Definitions; MDAQMD Rule 1302, Procedure; MDAQMD Rule 1303, 
Requirements; MDAQMD Rule 1304, Emissions Calculations; MDAQMD Rule 
1305, Emission Offsets; MDAQMD Rule 1306, Electric Energy Generating 
Facilities. On March 25, 1996,

[[Page 58134]]

MDAQMD also rescinded rules 1307-1313 and incorporated the substantive 
provisions of those rules into rules 1300-1306. Rules 1300-1306 
(adopted) and rules 1307-1313 (rescinded) were submitted by the 
California Air Resources Board to EPA on July 23, 1996, as an amendment 
to the SIP (rules 1300-1306, as submitted on July 23, 1996, will 
hereafter be referred to as ``the submitted rules''). In the technical 
support document (TSD) that EPA prepared for the October 1995 proposed 
approval, EPA discussed the consolidation of the substantive portions 
of rules 1307-1313 into rules 1300-1306, and the manner in which rules 
1300-1306 would, upon consolidation, contain all of the necessary NSR 
elements and make all of the corrections necessary for final SIP 
approval.
    EPA has evaluated the submitted rules to ensure that these rules 
contain the changes that were listed as contingencies for final 
approval in the October 1995 proposed approval. The submitted rules 
contain the changes necessary for approval, in a manner that is 
identical to that described in the TSD for the proposed approval. 
Because the submitted rules meet the contingencies for final approval, 
EPA is now promulgating final approval of rules 1300-1306, as submitted 
on July 23, 1996. EPA is also rescinding the proposed approval of rules 
1307, 1308, 1310, 1311, and 1312, because the substantive portions of 
these rules have been consolidated in the submitted rules.
    For a detailed description of how the submitted rules contain the 
changes that were listed as contingencies for final approval in the 
October 1995 proposed approval, please see the TSD for the proposed 
approval. The TSD for the proposed approval is available at EPA's 
Region IX office at the location listed under the Addresses section of 
this Federal Register document.
    EPA has also evaluated the submitted rules for consistency with the 
requirements of sections 172 and 173 of the CAA and EPA's NSR 
regulations at 40 CFR 51.160 through 51.165. EPA has found that the 
rules meet the applicable EPA requirements. A detailed discussion of 
the rule provisions and evaluations has been provided in the TSD for 
the proposed approval.

Response to Public Comments

    A 30-day public comment period was published in the Federal 
Register on October 31, 1995 at 60 FR 55355. EPA received no comments 
on the proposed approval of these rules.

EPA Action

    EPA is finalizing action to approve rules 1300-1306 as described 
above for inclusion into the California SIP, and to rescind the 
proposed approval of rules 1307, 1308, and 1310-1312, as described 
above. EPA is approving the submittal under section 110(k)(3) as 
meeting the requirements of section 110(a) and part D of the CAA. This 
approval action will incorporate the submitted rules into the federally 
approved SIP. The intended effect of approving these rules is to 
regulate emissions of air pollution in accordance with the requirements 
of the CAA.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future request for 
revision to any state implementation plan. Each request for revision to 
the SIP shall be considered separately in light of specific technical, 
economic, and environmental factors and in relation to relevant 
statutory and regulatory requirements.

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 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 rules 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.
    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).
    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.

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.

    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: September 16, 1996.
Felicia Marcus,
Regional Administrator.

    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 52.220 is amended by adding paragraph (c)(239) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (239) New and amended regulations for the following APCDs were 
submitted on July 23, 1996, by the Governor's designee:
    (i) Incorporation by reference.
    (A) Mojave Desert Air Quality Management District.
    (1) Rules 1300-1306, adopted on March 25, 1996.
* * * * *
[FR Doc. 96-28477 Filed 11-12-96; 8:45 am]
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