[Federal Register Volume 66, Number 234 (Wednesday, December 5, 2001)]
[Rules and Regulations]
[Pages 63166-63168]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-30100]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[AZ060-OPP; FRL-7112-8]


Clean Air Act Full Approval of the Operating Permits Program for 
the Pinal County Air Quality Control District, AZ

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is taking final action to fully approve the Pinal County 
Air Quality Control District (Pinal or District) operating permits 
program. The Pinal program was submitted in response to the directive 
in the 1990 Clean Air Act (CAA) Amendments that permitting authorities 
develop, and submit to EPA, programs for issuing operating permits to 
all major stationary sources and to certain other sources within the 
permitting authorities' jurisdiction. On October 30, 1996, EPA granted 
interim approval to Pinal's operating permits program. The District 
revised its program to satisfy the conditions of the interim approval, 
and EPA proposed full approval in the Federal Register on September 20, 
2001, contingent upon Pinal submitting the rules to EPA as a revision 
to its part 70 program. Pinal County did so, and EPA did not receive 
any comments on the proposed action. This action promulgates final full 
approval of the Pinal operating permits program.

EFFECTIVE DATE: This rule is effective on November 30, 2001.

ADDRESSES: Copies of Pinal's submittal and other supporting information 
used in developing this final full approval are available for 
inspection during normal business hours at the following location: U.S. 
Environmental Protection Agency, Region 9, 75 Hawthorne Street, San 
Francisco, California 94105. You may also see copies of the submitted 
title V program at the following location: Pinal County Air Quality 
Control District, Building F, 31 North Pinal Street, Florence, Arizona 
85232.

FOR FURTHER INFORMATION CONTACT: Emmanuelle Rapicavoli, EPA Region 9, 
at (415) 972-3969 or [email protected].

SUPPLEMENTARY INFORMATION: This section contains additional information 
about our final rulemaking, organized as follows:

I. Background on the Pinal County Air Quality Control District 
operating permits program
II. EPA's Final Action
III. Effective date of EPA's full approval of the Pinal County Air 
Quality Control District operating permits program

I. Background on the Pinal County Air Quality Control District 
Operating Permits Program

    The Clean Air Act (CAA) Amendments of 1990 required all state and 
local permitting authorities to develop operating permits programs that 
meet certain federal criteria. Pinal's operating permits program was 
submitted in response to this directive. Because the District program

[[Page 63167]]

substantially, but not fully, met the requirements of part 70, EPA 
granted interim approval to the program in a rulemaking published on 
October 30, 1996. See 61 FR 55910. The interim approval notice 
described the conditions that had to be met in order for the District 
program to receive full approval.
    After Pinal revised its program to address the conditions of the 
interim approval, EPA promulgated a proposal to approve the District's 
title V operating permits program on September 20, 2001, contingent 
upon Pinal submitting the rules that were adopted on September 5, 2001, 
as a revision to its part 70 program. See 66 FR 48402.

II. EPA's Final Action

    EPA is granting full approval to the operating permits program 
submitted by the Pinal County Air Quality Control District based on the 
revisions adopted on September 5, 2001, and submitted to EPA on 
September 18, 2001, which satisfactorily address the program 
deficiencies identified in EPA's October 30, 1996 interim approval (61 
FR 55910). In addition, EPA is approving, as a title V operating 
permits program revision, additional changes to Pinal's rules. The 
deficiency corrections and the additional program revisions are 
described in detail in the September 20, 2001 proposal and its 
accompanying technical support document. See 66 FR 48402.
    The rules for which we are granting final approval are listed 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                          Adoption    Submittal
                   Rule No.                                   Rule title                    date         date
----------------------------------------------------------------------------------------------------------------
PCR 1-3-140 (79)..............................  Definitions (definition of stationary        9/5/01      9/18/01
                                                 source only).
PCR 3-1-040...................................  Applicability and Classes of Permits..       9/5/01      9/18/01
PCR 3-1-045...................................  Transition from Installation and             9/5/01      9/18/01
                                                 Operating Permit Program.
PCR 3-1-050...................................  Permit Application Requirements.......       9/5/01      9/18/01
PCR 3-1-081...................................  Permit Conditions.....................       9/5/01      9/18/01
PCR 3-4-420...................................  Standards of Conditional Orders.......       9/5/01      9/18/01
PCR 3-5-490...................................  Application for Coverage under a             9/5/01      9/18/01
                                                 General Permit.
PCR 3-5-550...................................  Revocations of Authority to Operate          9/5/01      9/18/01
                                                 under a General Permit.
----------------------------------------------------------------------------------------------------------------

    In its program submission, Pinal County did not assert jurisdiction 
over Indian country. To date, no tribal government in Pinal County has 
applied to EPA for approval to administer a title V program in Indian 
country within the County. EPA regulations at 40 CFR part 49 govern how 
eligible Indian tribes may be approved by EPA to implement a title V 
program on Indian reservations and in non-reservation areas over which 
the tribe has jurisdiction. EPA's part 71 regulations govern the 
issuance of federal operating permits in Indian country. EPA's 
authority to issue permits in Indian country was challenged in Michigan 
v. EPA, (D.C. Cir. No. 99-1151). On October 30, 2001, the court issued 
its decision in the case, vacating a provision that would have allowed 
EPA to treat areas over which EPA determines there is a question 
regarding the area's status as if it is Indian country, and remanding 
to EPA for further proceedings. EPA will respond to the court's remand 
and explain EPA's approach for further implementation of part 71 in 
Indian country in a future action.

III. Effective Date of EPA's Full Approval of the Pinal County Air 
Quality Control District Operating Permits Program

    EPA is using the good cause exception under the Administrative 
Procedure Act (APA) to make the full approval of the District's program 
effective on November 30, 2001. In relevant part, the APA provides that 
publication of ``a substantive rule shall be made not less than 30 days 
before its effective date, except--* * * (3) as otherwise provided by 
the agency for good cause found and published with the rule.'' 5 U.S.C. 
553(d)(3). Section 553(b)(3)(B) of the APA provides that good cause may 
be supported by an agency determination that a delay in the effective 
date is impracticable, unnecessary, or contrary to the public interest. 
EPA finds that it is necessary and in the public interest to make this 
action effective sooner than 30 days following publication. In this 
case, EPA believes that it is in the public interest for the program to 
take effect before December 1, 2001. EPA's interim approval of Pinal 
County's program expires on December 1, 2001. In the absence of this 
full approval of Pinal County's amended program taking effect on 
November 30, the federal program under 40 CFR part 71 would 
automatically take effect in Pinal County and would remain in place 
until the effective date of the fully-approved state program. EPA 
believes it is in the public interest for sources, the public and Pinal 
County to avoid any gap in coverage of the state program, as such a gap 
could cause confusion regarding permitting obligations. Furthermore, a 
delay in the effective date is unnecessary because Pinal County has 
been administering the title V permit program for 5 years under an 
interim approval. Through this action, EPA is approving a few revisions 
to the existing and currently operational program. The change from the 
interim approved program which substantially met the part 70 
requirements, to the fully approved program is relatively minor, in 
particular if compared to the changes between a state-established and 
administered program and the federal program.

Administrative Requirements

    Under Executive Order 12866, ``Regulatory Planning and Review'' (58 
FR 51735, October 4, 1993), this final approval is not a ``significant 
regulatory action'' and therefore is not subject to review by the 
Office of Management and Budget. Under the Regulatory Flexibility Act 
(5 U.S.C. 601 et seq.) the Administrator certifies that this final 
approval will not have a significant economic impact on a substantial 
number of small entities because it merely approves state law as 
meeting federal requirements and imposes no additional requirements 
beyond those imposed by state law. This rule does not contain any 
unfunded mandates and does not significantly or uniquely affect small 
governments, as described in the Unfunded Mandates Reform Act of 1995 
(Public Law 104-4) because it approves pre-existing requirements under 
state law and does not impose any additional enforceable duties beyond 
that required by state law. This rule also does not have tribal 
implications because it will not have a substantial direct effect on 
one or more Indian tribes, on the relationship between the Federal 
Government and Indian tribes, or on the distribution of power and 
responsibilities between the Federal Government and Indian tribes, as

[[Page 63168]]

specified by Executive Order 13175, ``Consultation and Coordination 
with Indian Tribal Governments'' (65 FR 67249, November 9, 2000). This 
rule also does not have Federalism implications because it 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, ``Federalism'' (64 FR 43255, 
August 10, 1999). This rule merely approves existing requirements under 
state law, and does not alter the relationship or the distribution of 
power and responsibilities between the State and the Federal government 
established in the Clean Air Act. This final approval also is not 
subject to Executive Order 13045, ``Protection of Children from 
Environmental Health Risks and Safety Risks'' (62 FR 19885, April 23, 
1997) or Executive Order 13211, ``Actions Concerning Regulations That 
Significantly Affect Energy Supply, Distribution, or Use'' (66 FR 28355 
(May 22, 2001), because it is not a significant regulatory action under 
Executive Order 12866. This action will not impose any collection of 
information subject to the provisions of the Paperwork Reduction Act, 
44 U.S.C. 3501 et seq., other than those previously approved and 
assigned OMB control number 2060-0243. For additional information 
concerning these requirements, see 40 CFR part 70. An agency may not 
conduct or sponsor, and a person is not required to respond to, a 
collection of information unless it displays a currently valid OMB 
control number.
    In reviewing State operating permit programs submitted pursuant to 
title V of the Clean Air Act, EPA will approve State programs provided 
that they meet the requirements of the Clean Air Act and EPA's 
regulations codified at 40 CFR part 70. In this context, in the absence 
of a prior existing requirement for the State to use voluntary 
consensus standards (VCS), EPA has no authority to disapprove a State 
operating permit program for failure to use VCS. It would thus be 
inconsistent with applicable law for EPA, when it reviews an operating 
permit program, to use VCS in place of a State program that otherwise 
satisfies the provisions of the Clean Air Act. Thus, the requirements 
of section 12(d) of the National Technology Transfer and Advancement 
Act of 1995 (15 U.S.C. 272 note) do not apply.
    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 action is not a ``major rule'' as defined by 5 U.S.C. 
804(2). This rule will be effective on November 30, 2001.
    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 February 4, 2002. 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 70

    Environmental protection, Administrative practice and procedure, 
Air pollution control, Intergovernmental relations, Operating permits, 
Reporting and recordkeeping requirements.

    Dated: November 27, 2001.
Wayne Nastri,
Regional Administrator, Region 9.

    40 CFR part 70, chapter I, title 40 of the Code of Federal 
Regulations is amended as follows:

PART 70--[AMENDED]

    1. The authority citation for part 70 continues to read as follows:

    Authority: 42 U.S.C. 7401, et seq.

    2. Appendix A to part 70 is amended by adding paragraph (d)(3) 
under Arizona to read as follows:

Appendix A to Part 70--Approval Status of State and Local Operating 
Permits Programs

* * * * *

Arizona

* * * * *
    (d) * * *
    (3) revisions submitted on September 18, 2001. Full approval is 
effective on November 30, 2001.
* * * * *
[FR Doc. 01-30100 Filed 12-4-01; 8:45 am]
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