[Federal Register Volume 68, Number 248 (Monday, December 29, 2003)]
[Rules and Regulations]
[Pages 74871-74873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-31872]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 70

[CA 110-OPPa; FRL-7603-1]


Approval and Promulgation of Operating Permits Program; San Diego 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve revisions to the 
San Diego County Air Pollution Control District Operating Permits 
(Title V) Program. Under authority of the Clean Air Act as amended in 
1990 (CAA or the Act), we are approving a rule revision that addresses 
a change in the major source threshold for volatile organic compounds 
(VOCs) and oxides of nitrogen (NOX). This change is based on 
the redesignation of San Diego County as in attainment of the federal 
one-hour ozone standard. As a result of this action, some sources that 
would have previously been considered major sources, and therefore 
would have been required to obtain a Title V operating permit, would no 
longer need to apply for a Title V permit. We are also approving 
revisions to several other parts of San Diego's Title V program. For 
more information see ``What is being addressed in this document,'' 
below.

DATES: These rule revisions are effective on February 27, 2004 without 
further notice, unless EPA receives adverse comments by January 28, 
2004. If we receive such comment, we will publish a timely withdrawal 
in the Federal Register to notify the public that these revisions will 
not take effect.

ADDRESSES: Send comments to Gerardo Rios, Permits Office Chief (AIR-3), 
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street, 
San Francisco, CA 94105-3901 or e-mail to [email protected]. 
Comments may also be submited at http://www.regulations.gov.
    You can inspect copies of the submitted rule revisions, EPA's 
technical support documents (TSDs), and public comments at our Region 
IX office during normal business hours by appointment.

FOR FURTHER INFORMATION CONTACT: Kathleen Stewart, EPA Region IX, (415) 
947-4119, [email protected].

SUPPLEMENTARY INFORMATION: 

I. The Part 70 Operating Permits Program
    A. What is the part 70 operating permits program?
    B. What is the Federal approval process for revisions to an 
operating permits program?
    C. What does Federal approval of State revisions mean to me?
II. This Action
    A. What revisions are being approved?
    B. Have the requirements for approval been met?
    C. Public comment and final action.
III. Statutory and Executive Order Reviews

I. The Part 70 Operating Permits Program

A. What Is the Part 70 Operating Permits Program?

    The Clean Air Act Amendments (CAA) of 1990 require all states to 
develop an operating permits program that meets federal criteria listed 
in 40 Code of Federal Regulations (CFR) part 70. In implementing this 
program, the states are to require certain sources of air pollution to 
obtain permits that contain all applicable requirements under the CAA. 
One purpose of the part 70 operating permits program (also known as a 
Title V program) is to improve enforcement by issuing each source a 
single permit that consolidates all of the applicable CAA requirements 
into a federally-enforceable document. By consolidating all of the 
applicable requirements for a facility into one document, the source, 
the public, and the permitting authorities can more easily determine 
what CAA requirements apply and how compliance with those requirements 
is determined.

B. What Is the Federal Approval Process for Revisions to an Operating 
Permits Program?

    In order for state regulations to be incorporated into the 
federally-enforceable part 70 operating permits program, states must 
formally adopt regulations consistent with state and federal 
requirements. Once a state regulation is adopted, the state submits it 
to the EPA for inclusion into the approved operating permits program. 
The EPA must provide public notice and seek additional public comment 
regarding the proposed federal action on the state submission. If 
adverse comments are received, they must be addressed prior to any 
final federal action by EPA.

C. What Does Federal Approval of State Revisions Mean to Me?

    Enforcement of a state regulation is primarily a state 
responsibility both before and after incorporation into the federal 
program. However, after a state regulation has been federally approved, 
the EPA is authorized to take enforcement action against violators, and 
under section 304 of the CAA, citizens are authorized to take civil 
action to address violations. In addition, federal approval of state 
regulations ensures that the state program is consistent with federal 
requirements.

II. This Action

A. What Revisions Are Being Approved?

    EPA has requested that each permitting authority periodically 
submit any revised part 70 rules for approval as a revision to their 
approved part 70 program. In a letter dated August 19, 2003, San Diego 
County Air Pollution Control District requested that EPA approve 
revisions to Rules 1401(c); 1410(i), (j), (l), and (q); 1418(b), (c), 
and (e); 1415 (a); 1421(a) and (b); and 1425(a) and (b). A complete 
listing of each rule change is contained in the technical support 
document which is a part of the docket for this action and which is 
available from the EPA contact above. A few of the rule revisions which 
may be of interest, however, are discussed here. The remaining 
revisions are administrative in nature and do not change the 
substantive requirements of the rule.
    Rule 1401(c): The District added language to exclude non-road 
engines from the definition for major stationary source; added a 
definition for non-road engine by reference to 40 CFR part 89; changed 
the major source threshold for VOCs and NOX from 50 tons per 
year (tpy) to 100 tpy in response to the redesignation of San Diego 
County as in attainment of the federal one-hour ozone standard (see 68 
FR 37976, June 26, 2003); and clarified the role of fugitive emissions 
in determining if a source is major.

[[Page 74872]]

    Rule 1410(j): The District clarified the requirements needed to 
qualify for a minor permit modification and clarified that the time 
frame for action applies to complete applications.
    Rule 1410(l): The District clarified the requirements for making 
section 502(b)(10) changes under Title V of the Clean Air Act, added 
requirements to notify the federal EPA of such changes, shortened the 
time period for notifying the Air Pollution Control Officer (APCO) and 
the federal EPA of such changes from 45 to 7 days, shortened the time 
period for the APCO and the federal EPA to object to such changes from 
45 to 7 days, added provisions for incorporating changes into the 
permit, and added language requiring that any Title V monitoring or 
compliance certifications be based on the changed characteristic(s).
    Rule 1410(q): The District added language expanding compliance plan 
requirements, clarifying the requirements for processing applications 
for minor or significant permit modifications using the Administrative 
Permit Amendment procedures in Rule 1410(i); shortened the public 
review and comment period from 45 to 30 days; added language committing 
the APCO to consider and respond to only those comments which are 
relevant to the permit review and appropriate for public comment; and 
clarified under what conditions the applicant may commence operation.
    Rule 1415(a): The District shortened the period for public notice 
and comment from 45 to 30 days.
    Rule 1418(c): In order to allow time for an appeal to the Hearing 
Board, the District increased the time period allowed for delay in the 
submission of decisions on permits to operate and appeals to the 
federal EPA from 10 to 30 days after notice has been provided to the 
applicant.
    Rule 1418 (e): The District has added language to allow 30 days 
following the end of EPA review to address comments.
    Rule 1421(b): The District clarified that the reports that must be 
maintained for at least five years and submitted to the District are 
monitoring reports.

B. Have the Requirements for Approval Been Met?

    Our review of the material submitted indicates that the District 
has amended rules for the Title V program in accordance with the 
requirements of section 502 of the CAA and the federal rule, 40 CFR 
part 70, and has met the requirement for a program revision as 
established in 40 CFR 70.4(i).

C. Public Comment and Final Action

    EPA is fully approving the revisions to San Diego County's part 70 
operating permits program because we believe they are consistent with 
Title V of the Clean Air Act and 40 CFR part 70. We are processing this 
action as a direct final action because the revisions to the existing 
rules are noncontroversial. Therefore, we do not think anyone will 
object to this approval. However, in the Proposed Rules section of this 
Federal Register, we are simultaneously proposing approval of the same 
submitted rules. If we receive adverse comments by January 28, 2004, we 
will publish a timely withdrawal in the Federal Register to notify the 
public that the direct final approval will not take effect and we will 
address the comments in a subsequent final action based on the 
proposal. If we do not receive timely adverse comments, the direct 
final approval will be effective without further notice on February 27, 
2004. Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final those provisions 
of the rule that are not the subject of an adverse comment.

III. Statutory and Executive Order Reviews

    Under Executive Order 12866 (58 FR 51735, October 4, 1993), this 
action is not a ``significant regulatory action'' and therefore is not 
subject to review by the Office of Management and Budget. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action 
merely approves state law as meeting federal requirements and imposes 
no additional requirements beyond those imposed by state law. 
Accordingly, the Administrator certifies that this rule will not have a 
significant economic impact on a substantial number of small entities 
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because 
this rule approves pre-existing requirements under state law and does 
not impose any additional enforceable duty beyond that required by 
state law, it does not contain any unfunded mandate or significantly or 
uniquely affect small governments, as described in the Unfunded 
Mandates Reform Act of 1995 (Public Law 104-4).
    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 specified by Executive Order 13175 (65 
FR 67249, November 9, 2000). This action also does not have Federalism 
implications because it does 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). This action 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. This rule also is not subject to Executive Order 13045 
``Protection of Children from Environmental Health Risks and Safety 
Risks'' (62 FR 19885, April 23, 1997), because it is not economically 
significant.
    In reviewing state operating permits programs submitted pursuant to 
Title V of the CAA, EPA will approve state programs provided that they 
meet the criteria of the Clean Air Act. 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 SIP 
submission for failure to use VCS. It would thus be inconsistent with 
applicable law for EPA, when it reviews a SIP submission, to use VCS in 
place of a SIP submission 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. This rule does not impose an information collection 
burden under the provisions of the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501 et seq.).
    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.

[[Page 74873]]

This action is not a ``major rule'' as defined by 5 U.S.C. 804(2).
    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 27, 2004. 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: December 15, 2003.
Keith Takata,
Acting Regional Administrator, Region IX.

0
Part 70, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 70--[AMENDED]

0
1. The authority citation for part 70 continues to read as follows:

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

Subpart F--California

0
2. Appendix A to Part 70 is amended by adding under ``California'' 
paragraph (x)(5) to read as follows:

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

* * * * *
    California
* * * * *
    (x) * * *
    (5) Revisions were submitted on August 19, 2003, effective 
February 27, 2004.
* * * * *
[FR Doc. 03-31872 Filed 12-24-03; 8:45 am]
BILLING CODE 6560-50-P