[Federal Register Volume 64, Number 141 (Friday, July 23, 1999)]
[Rules and Regulations]
[Pages 39920-39923]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18600]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-154a; FRL6400-1]


Clean Air Act Approval and Promulgation of California State 
Implementation Plan for the San Joaquin Valley Unified Air Pollution 
Control 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 (SIP). The revisions are rules 
from the San Joaquin Valley Unified Air Pollution Control District 
(District). These rules were submitted by the State on behalf of the 
District to provide general permitting requirements and general 
provisions for the implementation of NSR and other SIP requirements for 
stationary sources in the District.
    This approval action will incorporate these rules into the 
federally approved SIP. EPA is approving these rules to support 
District new source review (NSR) rules that are required by section 
110(a) and part D of Clean Air Act as amended in 1990 (CAA or Act). 
These other rules, which are required for areas that have not attained 
the national ambient air quality standards (NAAQS) for one or more 
pollutants, will be the subject of a subsequent rulemaking action. 
Thus, EPA is finalizing the approval of these general provisions and 
general permitting 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.

DATES: This rule is effective on September 21, 1999 without further 
notice, unless EPA receives adverse comments by August 23, 1999. If EPA 
receives such comment, it will publish a timely withdrawal in the 
Federal Register informing the public that EPA's approval of these 
rules will not take effect.

ADDRESSES: Comments must be submitted in writing to Ed Pike at the 
Region IX mailing address listed below. Copies of the 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:

Permits Office (AIR-3), Air Division, 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
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814
San Joaquin Valley Unified Air Pollution Control District, Central 
Region, 1990 E. Gettysburg Avenue, Fresno CA 93726

    A courtesy copy of these rules may be available via the Internet at 
http://arbis.arb.ca.gov/drdb/sju/cur.htm. However, these versions of 
the District rules may be different than the versions submitted to EPA 
for approval. Readers are cautioned to verify that the adoption date of 
the rule listed is the same as the rule submitted to EPA for approval. 
The official submittal is only available at the four agency addresses 
listed above.

FOR FURTHER INFORMATION CONTACT: Ed Pike, (telephone 415/744-1211), Air 
Division (Air-3), U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105-3901, or [email protected].

SUPPLEMENTARY INFORMATION

I. Applicability

    The rules being approved into the California SIP in this action are 
District Rules 1110, 1140, 1150, 2010, 2031,

[[Page 39921]]

2040, 2070, 2080, and 2092. Rules 1110, 1140, 1150, 2010, and 2040 were 
adopted by the District Board of Directors on December 17, 1992, and 
submitted to EPA by the California Air Resources Board (CARB) as a 
revision to the SIP on September 28, 1994. Rules 2031, 2070, 2080, and 
2092 were adopted by the District on December 17, 1992, and submitted 
to EPA by CARB on November 18, 1993.
    The District is composed of Fresno County, a portion of Kern County 
1, Kings County, Madera County, Merced County, San Joaquin 
County, Stanislaus County, and Tulare County. The eight former County 
air pollution management agencies merged to form the unified Valley-
wide District in 1992. The District is designated as a serious 
nonattainment area for ozone and particulate matter less than ten 
microns in diameter (PM10). The District is designated 
attainment for the nitrogen dioxide (NO2), sulfur dioxide 
(SO2), and carbon monoxide (CO) NAAQS, although nitrogen 
oxides (including NO2) and sulfur oxide (including 
SO2) are regulated as precursors to other nonattainment 
pollutants. For the detailed area designations that apply to the 
District, please refer to 40 CFR 81.305. The CAA air quality planning 
requirements for nonattainment NSR are set out in part D of Title I of 
the Act, with implementing regulations at 40 CFR 51.160 through 51.165.
---------------------------------------------------------------------------

    \1\ This District includes the portion of Kern County defined in 
District rule 1020 section 3.44 (adopted November 13, 1996 and 
approved at 64 FR 13514).
---------------------------------------------------------------------------

II. Summary of Rule Contents

    Prior to the formation of the current District in 1992, EPA had 
approved separate SIPs for each of the eight individual 
Counties.2 Today's action eliminates minor variations in the 
eight separate County SIPs by approving one set of rules that apply 
across all eight counties. This action will provide consistency and 
clarity by allowing regulated sources of air pollution, the public, and 
regulatory agencies to refer to one set of rules for the entire 
District rather than eight sets of rules.
---------------------------------------------------------------------------

    \2\ Each County SIP generally contains a rule corresponding to 
each of the current District rules that EPA is taking action on, 
although the current rules have been renumbered.
---------------------------------------------------------------------------

    District Rule 1110, ``Circumvention,'' prohibits concealment or 
dilution of emissions to circumvent statutory or regulatory 
requirements. District Rule 1140, ``Applicability of Emission Limits,'' 
states that a source subject to multiple emission limits must comply 
with the most stringent applicable emission or concentration rate 
unless specifically exempted. Rule 1150, ``Separation and 
Combination,'' specifies how compliance is determined for emission 
streams that are combined prior to release to the atmosphere. These 
rules are contained in the General Provisions section of the District 
regulations. They contain the procedures for implementing other 
requirements, but do not contain or directly impose numerical air 
pollutant limitations.
    District Rule 2010, ``Permits Required,'' contains the general 
requirement to (1) obtain an Authority to Construct permit for a new or 
modified source; and (2) obtain a Permit to Operate prior to operation. 
District Rule 2031, ``Transfer of Permits,'' requires District approval 
for the transfer of a permit to a different person or piece of 
equipment. District Rule 2040, ``Applications,'' requires that 
applicants submit all necessary information and specifies the 
administrative process for the District to act on the application. 
District Rule 2070, ``Standards for Granting Applications,'' explains 
the procedures for the District to approve or deny an application for 
an Authority to Construct or Permit to Operate. District Rule 2080, 
``Conditional Approval,'' grants the District authority to issue or 
revise specific written conditions on an Authority to Construct or a 
Permit to Operate to assure compliance with air contaminant emission 
standards or limitations. District Rule 2092, ``Standards for Permits 
to Operate,'' defines the conditions which must be met in order for the 
District to issue a Permit to Operate.

III. EPA Evaluation and Action

    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 part 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.
    This rulemaking replaces rules from the following SIPs: Fresno 
County, Kern County, Kings County, Madera County, Merced County, San 
Joaquin County, Stanislaus County, and Tulare County. EPA's approval of 
the following rules replaces similar categories of rules in the 
individual County SIPs: Circumvention (Rule 1110), Applicability of 
Emission Limits (Rule 1140), Separation and Combination (Rule 1150), 
Permits Required (Rule 2010), Transfer of Permits (Rule 2031), 
Applications (2040), Standards for Granting Applications (Rule 2070), 
and Standards for Permits to Operate (Rule 2092). Please see the 
Technical Support Document for a complete list of the SIP rules that 
EPA is replacing.
    EPA has evaluated District Rules 110, 1140, 1150, 2010, 2031, 2040, 
2070, 2080, and 2092 and has determined that each rule is consistent 
with the CAA, EPA regulations and EPA policy. These general provisions 
and permitting rules will support permitting requirements for major and 
minor sources in the District (updates to District New Source Review 
requirements will be the subject of subsequent EPA rulemaking action). 
Therefore, these rules are being approved under section 110(k)(3) of 
the CAA as consistent with the requirements of section 110(a), 
including section 110(a)(2)(C), and part D of Title I of the Act. For 
additional description of these Rules and EPA's approval action, please 
refer to the Technical Support Document for this action.
    EPA is publishing this direct final approval without prior proposal 
because the Agency views this SIP revision as a noncontroversial 
revision and anticipates no adverse comments. However, in the proposed 
rules section of this Federal Register publication, EPA is publishing a 
separate document that will serve as the proposal to approve the SIP 
revision should adverse comments be filed. This direct final approval 
will be effective September 21, 1999 without further notice unless the 
Agency receives adverse comments by August 23, 1999.
    If the EPA receives such comments, then EPA will publish a timely 
withdrawal in the Federal Register informing the public that the rule 
will not take effect. All public comments received will then be 
addressed in a subsequent final rule based on the proposed rule. The 
EPA will not institute a second comment period on this rule. Any 
parties interested in commenting on this rule should do so at this 
time. If no such comments are

[[Page 39922]]

received, the public is advised that this direct final approval will be 
effective on September 21, 1999 and no further action will be taken on 
the proposed rule.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, Regulatory 
Planning and Review.

B. Executive Order 12875

    Under Executive Order 12875, Enhancing the Intergovernmental 
Partnership, EPA may not issue a regulation that is not required by 
statute and that creates a mandate upon a State, local or tribal 
government, unless the Federal government provides the funds necessary 
to pay the direct compliance costs incurred by those governments, or 
EPA consults with those governments. If EPA complies by consulting, 
Executive Order 12875 requires EPA to provide to the Office of 
Management and Budget a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, Executive Order 12875 
requires EPA to develop an effective process permitting elected 
officials and other representatives of State, local and tribal 
governments ``to provide meaningful and timely input in the development 
of regulatory proposals containing significant unfunded mandates.'' 
Today's rule does not create a mandate on State, local or tribal 
governments. The rule does not impose any enforceable duties on these 
entities. Accordingly, the requirements of section 1(a) of E.O. 12875 
do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective and reasonably feasible alternatives considered 
by the Agency. This rule is not subject to E.O. 13045 because it does 
not involve decisions intended to mitigate environmental health or 
safety risks.

D. Executive Order 13084

    Under Executive Order 13084, Consultation and Coordination with 
Indian Tribal Governments, EPA may not issue a regulation that is not 
required by statute, that significantly or uniquely affects the 
communities of Indian tribal governments, and that imposes substantial 
direct compliance costs on those communities, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, Executive Order 13084 
requires EPA to provide to the Office of Management and Budget, in a 
separately identified section of the preamble to the rule, a 
description of the extent of EPA's prior consultation with 
representatives of affected tribal governments, a summary of the nature 
of their concerns, and a statement supporting the need to issue the 
regulation. In addition, Executive Order 13084 requires EPA to develop 
an effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' Today's rule 
does not significantly or uniquely affect the communities of Indian 
tribal governments. Accordingly, the requirements of section 3(b) of 
E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of 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).

F. 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 
annual 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 does not 
include a Federal mandate that may result in estimated annual 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

G. Submission to Congress and the Comptroller General

    The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the 
Small Business Regulatory Enforcement Fairness Act of 1996, generally 
provides that before a rule may take effect, the agency promulgating 
the rule must submit a rule report, which includes a copy of the rule, 
to each House of the Congress and to the Comptroller General of the 
United States. EPA will submit 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 United States prior 
to publication of the rule in the Federal Register. This rule is not a 
``major'' rule as defined by 5 U.S.C. 804(2).

[[Page 39923]]

H. 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 21, 1999. 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, General 
provisions, Hydrocarbons, Incorporation by reference, Intergovernmental 
relations, New source review, Nitrogen dioxide, Particulate matter, 
Permits, Reporting and recordkeeping requirements, Sulfur dioxide, 
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: July 7, 1999.
Felicia Marcus,
Regional Administrator, Region IX.

    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 et seq.

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs (c)(194)(i)(C)(4) 
and (c)(199)(i)(D)(6) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (194) * * *
    (i) * * *
    (C) * * *
    (4) Rules 2031, 2070, 2080, and 2092 adopted on May 21, 1992 and 
amended on December 17, 1992.
* * * * *
    (199) * * *
    (i) * * *
    (D) * * *
    (6) Rules 1110, 1140, 1150, 2010, and 2040 amended on December 17, 
1992.
* * * * *
[FR Doc. 99-18600 Filed 7-22-99; 8:45 am]
BILLING CODE 6560-50-P