[Federal Register Volume 62, Number 129 (Monday, July 7, 1997)]
[Rules and Regulations]
[Pages 36214-36216]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-17599]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 105-0041a; FRL-5843-9]
Approval and Promulgation of Implementation Plan for Yolo-Solano
Air Quality Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: The EPA is taking direct final action to approve Yolo-Solano
Air Quality Management District (District) Rule 3.1--General Permit
Requirement, Rule 3.2--Exemptions, Rule 3.4--New Source Review, Rule
3.14--Emission Reduction Credits, and Rule 3.15--Priority Reserve. EPA
is approving these rules for the purpose of meeting requirements of the
Clean Air Act, as amended in 1990 (CAA or Act) with regard to new
source review (NSR) in areas that have not attained the national
ambient air quality standards (NAAQS). This approval action will
incorporate these rules into the federally approved State
Implementation Plan (SIP) for California. The rules were submitted by
the State to satisfy certain Federal requirements for an approvable NSR
SIP. 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. EPA is taking
this action without prior proposal because the Agency views this as a
non-controversial amendment and anticipates no adverse comments.
DATES: This action is effective on September 5, 1997 unless adverse or
critical comments are received by August 6, 1997. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Comments should be submitted to Steve Ringer (AIR-3), EPA,
Region 9, 75 Hawthorne St, San Francisco, CA 94105-3901. Copies of the
rules and EPA's evaluation report of each rule are available for public
inspection at EPA's Region 9 office during normal business hours at the
following address: Permits Office (AIR-3), Air Division, U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105. Copies of the submitted rules are also available
for inspection at the following locations:
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Yolo-Solano Air Quality Management District, 1947 Galileo Ct., Suite
103, Davis, CA 95616.
FOR FURTHER INFORMATION CONTACT: Steve Ringer, (AIR-3), Air Division,
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, CA 94105-3901. (415) 744-1260.
SUPPLEMENTARY INFORMATION: The air quality planning requirements for
nonattainment NSR are set out in part D of title I of the Clean Air
Act. EPA has issued a ``General Preamble'' describing EPA's preliminary
views on how EPA intends to review SIPs and SIP revisions submitted
under part D, including those State submittals containing nonattainment
NSR SIP requirements [see 57 FR 13498 (April 16, 1992) and 57 FR 18070
(April 28, 1992)]. Because EPA is describing its interpretations here
only in broad terms, the reader should refer to the General Preamble
for a more detailed discussion. EPA has also proposed regulations to
implement the changes under the 1990 Amendments in the NSR provisions
in parts C and D of Title I of the Act. [See 61 FR 38249 (July 23,
1996)]. Upon final promulgation of those regulations, EPA will review
those NSR SIP submittals on which it has already taken final action to
determine whether additional SIP revisions are necessary.
I. Procedural Background
The Act requires States to observe certain procedural requirements
in developing implementation plans and plan revisions for submission to
EPA. Section 110(a)(2) and section 110(l) of the Act provide that each
implementation plan or revision to an implementation plan submitted by
a State must be adopted after reasonable notice and public hearing.
Section 172(c)(7) of the Act provides that plan provisions for
nonattainment areas shall meet the applicable provisions of Section
110(a)(2).
Rule 3.1 was adopted by the District Board of Directors on February
23, 1994, and submitted to EPA as an amendment to the SIP on October
19, 1994. Rule 3.2 was adopted by the District on August 25, 1993, and
submitted to EPA on March 29, 1994. Rule 3.4 was adopted by the
District on December 11, 1996, and submitted to EPA on March 26, 1997.
Rules 3.14 and 3.15 were adopted by the District on September 22, 1993,
and submitted to EPA on March 29, 1994.
EPA deemed the submittals complete on December 1, 1994, June 3,
1994, May 14, 1997, and June 3, 1994, respectively. EPA made its
determinations of completeness pursuant to EPA's completeness criteria
that are set forth in 40 CFR part 51 appendix V.1
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\1\ 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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II. Summary of Rule Contents
The Yolo-Solano Air Quality Management District submitted to EPA
for adoption into the applicable NSR SIP Rules 3.1, 3.2, 3.4, 3.14, and
3.15, which constitute the District's new source permitting rules. Rule
3.1 contains the District's general requirement that new and modifying
sources must obtain an authority to construct (ATC) permit prior to
construction. Rule 3.2 contains a list of exemptions from the ATC
permit requirements. Rule 3.4 contains the District's NSR definitions,
administrative requirements, and the standards which a stationary
source must meet in order to obtain an ATC permit. Rule 3.14 creates an
administrative mechanism for certifying emission reduction credits
(ERCs), and Rule 3.15 establishes the District's Priority Reserve bank
for ERCs.
Rules 3.1, 3.2, 3.4, 3.14, and 3.15 represent comprehensive
revisions to the District's NSR permitting regulations. These rules
subsume all elements of the District NSR rules that are currently in
the SIP, and are thus intended to supersede District Rules 3.1, 3.2,
3.3, 3.4, 3.4.1, 3.4.2, 3.6, 3.7, 3.8, 3.9, 3.10, 3.11, 3.12, and 3.13
which were approved into the SIP by EPA on various dates between March
31, 1972 and April 17, 1989.
The District is composed of Yolo County and part of Solano County,
and is designated as a severe ozone nonattainment area. The District is
designated attainment for PM10, NO2, SO2 and CO. For the detailed area
designations that apply to the District, please refer to 40 CFR
Sec. 81.305. The CAA air quality planning requirements for
nonattainment NSR are set out in part D of Title I of the Act, with
[[Page 36215]]
implementing regulations at 40 CFR Secs. 51.160 through 51.165. EPA has
determined that the District's submittal satisfies these requirements.
For a more detailed description of how the submitted Rules meet the
Act's applicable requirements, please refer to EPA's technical support
document (TSD) for this action.
III. Action
EPA has evaluated Rules 3.1, 3.2, 3.4, 3.14, and 3.15 and has
determined that they are consistent with the CAA, EPA regulations and
EPA policy. Therefore, District Rules 3.1, 3.2, 3.4, 3.14, and 3.15 are
being approved under section 110(k)(3) of the CAA as meeting the
requirements of section 110(a), and part D of Title I of the Act.
IV. Administrative Review
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 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 taking this action without prior proposal in part because
the District has provided public workshops in the development of the
submitted rules, and provided the opportunity for public comment prior
to adoption of the submitted rules. At that time, no significant
comments were received by the District. The Agency therefore views this
as a non-controversial amendment and anticipates no adverse comments.
However, in a separate document in this Federal Register publication,
EPA is proposing to approve the SIP revision should adverse or critical
comments be filed. This action will be effective September 5, 1997,
unless, by August 6, 1997, adverse or critical comments are received.
If 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. 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 September 5, 1997.
V. Administrative Requirements
A. 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 E.O. 12866 review.
B. 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 populations of less than
50,000.
SIP approvals under section 110 and subchapter I, part D of the
Clean Air Act do not create any new requirements but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP approval does not impose any new requirements, the
Administrator certifies that it does not have a significant impact on
any small entities affected. Moreover, due to the nature of the
Federal-State relationship under the CAA, preparation of a flexibility
analysis would constitute Federal inquiry into the economic
reasonableness of state action. The Clean Air Act forbids EPA to base
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S.
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).
C. 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
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 this approval action 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.
D. 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).
E. Petitions for Judicial Review
Under section 307(b)(1) of the Clean Air Act, petitions for
judicial review of this action must be filed in the United States Court
of Appeals for the appropriate circuit by September 5, 1997. 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, New source
review, Nitrogen dioxide, Particulate matter, Reporting and
recordkeeping requirements, Sulfur dioxide, Volatile organic compounds.
Dated: June 4, 1997.
Felicia Marcus,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
[[Page 36216]]
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 paragraphs (c)(196)(i)(D),
(c)(202)(i)(F), (c)(245) and adding and reserving paragraph (c)(244) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(196) * * *
(i) * * *
(D) Yolo-Solano Air Quality Management District.
(1) Rule 3.2, adopted on August 25, 1993; and rules 3.14 and 3.15,
adopted on September 22, 1993.
* * * * *
(202) * * *
(i) * * *
(F) Yolo-Solano Air Quality Management District.
(1) Rule 3.1, adopted on February 23, 1994.
* * * * *
(244) [Reserved]
* * * * *
(245) New and amended regulations for the following APCDs were
submitted on March 26, 1997, by the Governor's designee.
(i) Incorporation by reference.
(A) Yolo-Solano Air Quality Management District.
(1) Rule 3.4, adopted on December 11, 1996.
* * * * *
[FR Doc. 97-17599 Filed 7-3-97; 8:45 am]
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