[Federal Register Volume 65, Number 96 (Wednesday, May 17, 2000)]
[Rules and Regulations]
[Pages 31267-31270]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 00-11996]



[[Page 31267]]

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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 226-0186a; FRL-6606-3]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Antelope Valley Air Pollution 
Control 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 for the Antelope Valley Air 
Pollution Control District (AVAPCD). The six revisions consist of: 
three rule recissions with accompanying negative declarations for 
source categories that emit volatile organic compounds (VOC); two 
negative declarations for source categories that emit oxides of 
nitrogen (NOX), and one rule recission for a source category 
that emits oxides of sulfur (SOX). The intended effect of 
this action is to bring the AVAPCD SIP up to date in accordance with 
the requirements of the Clean Air Act, as amended in 1990 (CAA or the 
Act). EPA is finalizing the approval of recissions from the California 
SIP and the approval of these negative declarations as additional 
information to 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 July 17, 2000 without further notice, 
unless EPA receives adverse comments by June 16, 2000. If EPA receives 
such comment, it will publish a timely withdrawal in the Federal 
Register informing the public that this rule will not take effect.

ADDRESSES: Written comments must be submitted to Andrew Steckel, Chief, 
Rulemaking Office at the Region IX office listed below. Copies of the 
rule revisions and EPA's technical support document are available for 
public inspection at EPA's Region IX office during normal business 
hours. Copies of the submitted rule revisions are available for 
inspection at the following locations:

Rulemaking Office (AIR-4), Air 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
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
Antelope Valley Air Pollution Control District, 43301 Division Street, 
Suite 206, Lancaster, CA 93539-4409

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office, AIR-
4, Air Division, U.S. Environmental Protection Agency, Region IX, 75 
Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved for recission and the negative 
declarations being approved for the Antelope Valley Air Pollution 
Control District (AVAPCD) portion of the California SIP are listed in 
the following Table:

                                 Submitted Recissions and Negative Declarations
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             Rule number and title               Adoption date  Submittal date          Type of revision
----------------------------------------------------------------------------------------------------------------
1105, Fluid Catalytic Cracking Units--Oxides          04-21-98        05-13-99  Recission.
 of Sulfur.
1109, Emissions of Oxides of Nitrogen from            04-21-98        05-13-99  Negative Declaration.
 Boilers and Process Heaters in Petroleum
 Refineries.
1112, Emissions of Oxides of Nitrogen from            03-16-99        07-23-99  Negative Declaration.
 Cement Kilns.
1115, Motor Vehicle Assembly Line Coating             11-18-97        01-12-99  Recission/Negative Declaration.
 Operations.
1117, Emissions of Oxides of Nitrogen from            03-16-99        07-23-99  Recission/Negative Declaration.
 Glass Melting Furnaces.
1123, Refinery Process Turnarounds............        11-08-97        02-16-99  Recission/Negative Declaration.
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II. Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in l977 
(1977 Act or pre-amended Act), that included the Southeast Desert 
Modified Air Quality Maintenance Area and the Los Angeles-South Coast 
Air Basin Area. 43 FR 8964, 40 CFR 81.305. On May 26, 1988, EPA 
notified the Governor of California, pursuant to section 110(a)(2)(H) 
of the 1977 Act, that the above SCAQMD'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. 
Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. 
In amended section 182(a)(2)(A) of the CAA, Congress statutorily 
adopted the requirement that nonattainment areas fix their deficient 
reasonably available control technology (RACT) rules for ozone and 
established a deadline of May 15, 1991 for states to submit corrections 
of those deficiencies. Amended section 182(f) of the CAA contains the 
air quality planning requirements for the reduction of NOX 
emissions through RACT.
    Section 182(a)(2)(A) applies to areas designated as nonattainment 
prior to enactment of the amendments and classified as marginal or 
above as of the date of enactment. It requires such areas to adopt and 
correct RACT rules pursuant to pre-amended section 172(b) as 
interpreted in pre-amendment guidance.\1\ EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas.
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    \1\ Among other things, the pre-amendment guidance consists of 
those portions of the proposed Post-1987 ozone and carbon monoxide 
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues 
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations, 
Clarification to Appendix D of November 24, 1987 Federal Register 
document'' (Blue Book) (notice of availability was published in the 
Federal Register on May 25, 1988); and the existing control 
technique guidelines (CTGs).
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    Section 182(f) of the CAA 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 VOCs, in moderate or above ozone 
nonattainment areas.
    The Southeast Desert Modified Air Quality Maintenance Area is 
classified as Severe-17, therefore, this area was subject to the RACT 
fix-up requirement and the May 15, 1991 deadline. The Los Angeles-South 
Coast Air Basin Area is classified as Extreme and was also

[[Page 31268]]

subject to the RACT fix-up requirements and the May 15, 1991 deadline.
    The Antelope Valley Air Pollution Control District (AVAPCD) was 
created pursuant to California Health and Safety Code (CHSC) section 
40106 and assumed all air pollution control responsibilities of the 
South Coast Air Quality Management District (SCAQMD) in the Antelope 
Valley region of Los Angeles County,\2\ effective July 1, 1997. AVAPCD 
is the successor agency to SCAQMD in the Antelope Valley portion of the 
Southeast Desert Modified Air Quality Maintenance Area. The AVAPCD 
remains subject to the RACT requirements.
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    \2\ The Antelope Valley region of Los Angeles County is 
contained within the Federal area known as the Southeast Desert 
Modified Air Quality Management Area and the region identified by 
the State of California as the Mojave Desert Air Basin.
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    The AVAPCD has rescinded Rules 1105, 1115, 1117, and 1123 and has 
submitted negative declarations to certify that there are no sources 
covered by these rules within the jurisdiction of the AVAPCD. One minor 
source in AVAPCD, previously regulated by Rule 1115, is now 
equivalently regulated under Rule 1151, which was recently approved by 
EPA into the SIP.
    AVAPCD also submitted negative declarations for Rules 1109 and 1112 
to certify that there are no sources covered by these rules within the 
jurisdiction of the AVAPCD. There is no action to rescind Rules 1109 
and 1112 since they are not contained in the federally enforceable SIP 
for the SCAQMD.
    The State of California submitted these rule revisions for 
incorporation into its SIP on January 12, 1999, February 16, 1999, May 
13, 1999, and July 23, 1999. The revisions submitted on these dates 
were found complete on March 19, 1999, April 23, 1999, June 10, 1999, 
and August 24, 1999, respectively. The rules were reviewed pursuant to 
EPA's completeness criteria that are set forth in 40 CFR part 51, 
Appendix V.\3\
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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 recission 
of AVAPCD Rule 1105, Fluid Catalytic Cracking Units-Oxides of Sulfur, 
Rule 1115, Motor Vehicle Assembly Line Coating Operations, Rule 1117, 
Emissions of Oxides of Nitrogen from Glass Melting Furnaces, and Rule 
1123, Refinery Process Turnarounds. AVAPCD Rule 1105 limits 
SOX emissions produced by Catalytic Cracking Units. AVAPCD 
Rule 1115 controls volatile organic compound (VOC) emissions from 
automobile assembly line surface coating operations. AVAPCD Rule 1117 
limits oxides of nitrogen (NOX) emissions produced by Glass 
Melting Furnaces. AVAPCD Rule 1123 controls VOC emissions from 
petroleum refineries.
    This document also addresses EPA's direct-final action of two 
negative declarations for AVAPCD Rule 1109, Emissions of Oxides of 
Nitrogen from Boilers and Process Heaters in Petroleum Refineries and 
Rule 1112, Emissions of Oxides of Nitrogen from Cement Kilns. Rule 1109 
controls NOX emissions from boilers and process heaters in 
petroleum refineries and Rule 1112 controls NOX emissions 
from cement kiln operations. Rules 1109 and 1112 are currently not part 
of the SCAQMD SIP.
    The rules were originally adopted as part of SCAQMD's effort to 
achieve the National Ambient Air Quality Standard (NAAQS) for ozone and 
in response to EPA's SIP-Call and the section 182(a)(2)(A) CAA 
requirement. The following is EPA's evaluation and final action for 
these rule recissions and negative declarations.

III. EPA Evaluation and Action

    EPA evaluated all the appropriate background and submittal 
documentation and has determined that the recission of AVAPCD Rules 
1105, 1115, 1117, and 1123 is approvable. EPA also evaluated all the 
appropriate background and submittal documentation for the negative 
declarations for Rules 1109 and 1112, 1115, 1117, and 1123 and has 
determined that they are approvable. The AVAPCD has certified with 
Negative Declarations that the sources regulated by all of the rules 
listed in this action are not present in the AVAPCD. Further, the 
AVAPCD also stated that they do not anticipate these types of sources 
in the future.
    The rule recissions and the negative declarations are consistent 
with the CAA, EPA regulations, and EPA policy. Therefore, the recission 
of AVAPCD Rules 1105, 1115, 1117, and 1123 is being approved under 
section 110(k)(3) of the CAA as meeting the requirements of section 
110(a) and part D. The negative declarations for Rules 1109, 1112, 
1115, 1117, and 1123 are being approved under section 110(k)(3) of the 
CAA as meeting the requirements of section 110(a) and part D.
    The source categories represented by AVAPCD Rules 1109, 1112, 1115, 
1117, and 1123 will now be inserted into the listing of negative 
declarations in 40 CFR 52.222, Negative Declarations.
    Three additional source categories for AVAPCD are being inserted 
into 40 CFR 52.222 in this action. The negative declarations are Marine 
Vessel Coating Operations, Marine Tank Vessel Operations, and Thermally 
Enhanced Oil Recovery Wells. These negative declarations were adopted 
on January 20, 1998, submitted on June 23, 1998, and approved in the 
Federal Register on January 13, 1999 (64 FR 2141).
    EPA is publishing this rule without prior proposal because the 
Agency views this as a noncontroversial amendment 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 rule will be effective July 17, 2000 
without further notice unless the Agency receives adverse comments by 
June 16, 2000.
    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 received, the public is advised that this 
rule will be effective on July 17, 2000 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 12866, entitled ``Regulatory 
Planning and Review.''

B. Executive Order 13132

    Federalism (64 FR 43255, August 10, 1999) revokes and replaces 
Executive Orders 12612, Federalism and 12875, Enhancing the 
Intergovernmental Partnership. Executive Order 13132 requires EPA to 
develop an accountable process to ensure ``meaningful and timely input 
by State and local officials in the development of regulatory policies 
that have federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under

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Executive Order 13132, EPA may not issue a regulation that has 
federalism implications, that imposes substantial direct compliance 
costs, and that is not required by statute, unless the Federal 
government provides the funds necessary to pay the direct compliance 
costs incurred by State and local governments, or EPA consults with 
State and local officials early in the process of developing the 
proposed regulation. EPA also may not issue a regulation that has 
federalism implications and that preempts State law unless the Agency 
consults with State and local officials early in the process of 
developing the proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132 (64 FR 
43255, August 10, 1999), because it merely approves a state rule 
implementing a federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the Clean 
Air Act. Thus, the requirements of section 6 of the Executive Order 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 
Executive Order 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 Executive Order 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 affects 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. If the mandate is unfunded, 
EPA must 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 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 Executive 
Order 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 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. A major rule cannot 
take effect until 60 days after it is published in the Federal 
Register. This rule is not a ``major'' rule as defined by 5 U.S.C. 
804(2).

H. National Technology Transfer and Advancement Act

    Section 12 of the National Technology Transfer and Advancement Act 
(NTTAA) of 1995 requires Federal agencies to evaluate existing 
technical standards when developing a new regulation. To comply with 
NTTAA, EPA must consider and use ``voluntary consensus standards'' 
(VCS) if available

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and applicable when developing programs and policies unless doing so 
would be inconsistent with applicable law or otherwise impractical.
    The EPA believes that VCS are inapplicable to this action. Today's 
action does not require the public to perform activities conducive to 
the use of VCS.

I. 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 July 17, 2000. 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, Nitrogen 
dioxide, Ozone, Reporting and recordkeeping requirements, Sulfur 
oxides, Volatile organic compounds.

    Dated: April 24, 2000.
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 paragraph (c)(159)(v)(E), 
revising paragraph (c)(184) introductory text, and adding paragraphs 
(c)(184)(i)(B)(9), and (c) (222)(i)(A)(2) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (159) * * *
    (v) * * *
    (E) Previously approved on July 12, 1990 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rules 1105 and 1117.
* * * * *
    (184) New and amended regulations for the following APCDs were 
submitted on May 13, 1991, by the Governor's designee.
    (i) * * *
    (B) * * *
    (9) Previously approved on August 11, 1992 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1123.
* * * * *
    (222) * * *
    (i) * * *
    (A) * * *
    (2) Previously approved on July 14, 1995 and now deleted without 
replacement for implementation in the Antelope Valley Air Pollution 
Control District Rule 1115.
* * * * *

    3. Section 52.222 is being amended by adding paragraphs (a)(6) and 
(b)(4) to read as follows:


Sec. 52.222  Negative declarations.

    (a) * * *
    (6) Antelope Valley Air Pollution Control District.
    (i) Motor Vehicle Assembly Line Coating Operations submitted on 
January 12, 1999 and adopted on November 18, 1997.
    (ii) Refinery Process Turnarounds submitted on February 16, 1999 
and adopted on November 18, 1997.
    (iii) Marine Vessel Coating Operations, Marine Tank Vessel 
Operations, and Thermal Enhanced Oil Recovery Wells submitted on June 
23, 1998 and adopted on January 20, 1998.
* * * * *
    (4) Antelope Valley Air Pollution Control District.
    (i) Boilers and Process Heaters In Petroleum Refineries submitted 
on May 13, 1999 and adopted on April 21, 1998.
    (ii) Cement Kilns and Glass Melting Furnaces submitted on July 23, 
1999 and adopted on March 16, 1999.
* * * * *
[FR Doc. 00-11996 Filed 5-16-00; 8:45 am]
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