[Federal Register Volume 69, Number 96 (Tuesday, May 18, 2004)]
[Rules and Regulations]
[Pages 28061-28062]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-11114]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA269-0452; FRL-7659-8]


Revisions to the California State Implementation Plan, San 
Joaquin Valley Unified Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD) portion of the 
California State Implementation Plan (SIP). These revisions were 
proposed in the Federal Register on February 12, 2004, and concern 
oxides of nitrogen (NOX) emissions from boilers, steam 
generators, and process heaters; stationary internal combustion 
engines; and stationary gas turbines. We are approving local rules that 
regulate these emission sources under the Clean Air Act as amended in 
1990 (CAA or the Act).

EFFECTIVE DATE: This rule is effective on June 17, 2004.

ADDRESSES: You can inspect copies of the administrative record for this 
action at EPA's Region IX office during normal business hours by 
appointment. You can inspect copies of the submitted SIP revisions by 
appointment at the following locations:

Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105-3901.
Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, 1301 Constitution Avenue, NW. (Mail Code 
6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
San Joaquin Valley Unified Air Pollution Control District, 1990 E. 
Gettysburg Avenue, Fresno, CA 93726.

    A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not 
an EPA Web site and may not contain the same version of the rule that 
was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Thomas C. Canaday, EPA Region IX, 
(415) 947-4121, [email protected].

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

I. Proposed Action

    On February 12, 2004 (69 FR 7098), EPA proposed to approve the 
following rules into the California SIP.

                                            Table 1.--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                           Rule
             Local agency                           Rule title               Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SJVUAPCD..............................       4351  Boilers, Steam Generators,           08/21/03        09/29/03
                                                    and Process Heaters--Phase 1.
SJVUAPCD..............................       4305  Boilers, Steam Generators,           08/21/03        09/29/03
                                                    and Process Heaters--Phase 2.
SJVUAPCD..............................       4306  Boilers, Steam Generators,           09/18/03        09/29/03
                                                    and Process Heaters--Phase 3.
SJVUAPCD..............................       4701  Internal Combustion Engines--        08/21/03        10/09/03
                                                    Phase 1.
SJVUAPCD..............................       4702  Internal Combustion Engines--        08/21/03        10/09/03
                                                    Phase 2.
SJVUAPCD..............................       4703  Stationary Gas Turbines......        04/25/02        06/18/02
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rules and our evaluation.

II. Public Comment and EPA Response

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received comments from the following party.
    1. David R. Farabee, Pillsbury Winthrop L.L.P. (comments submitted 
on behalf of the Western States Petroleum Association); letter dated 
and hand-delivered March 12, 2004.
    The comment and our response are summarized below.
    Comment #1: The commenter requests clarification of the following 
statement we made in the proposed rule in connection with the Westside 
exemption: ``In any event, the past issue of whether the Westside 
exemption was inconsistent with both ozone and PM-10 planning 
requirements or simply PM-10 (and not ozone) planning requirements has 
become moot in light of the need for additional NOX 
emissions reductions throughout San Joaquin Valley for both PM-10 and 
ozone planning purposes'' (emphasis added). See 69 FR 7098, at 7100, 
column 1 (February 12, 2004).
    Response #1: By the above statement, we simply intended to restate 
our conclusion that a regional exemption from NOX emission 
control requirements, such as the Westside exemption, was not 
approvable under the Act. We did not intend to prejudge future SIP 
submittals that provide for additional emissions reductions in San 
Joaquin Valley that are needed to attain the ozone and PM-10 NAAQS.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted rules comply with the relevant CAA requirements. Therefore, 
as authorized in section 110(k)(3) of the

[[Page 28062]]

Act, EPA is fully approving these rules into the California SIP.

IV. 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 (Pub. L. 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 state rules 
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 SIP submissions, EPA's role is to approve state 
choices, 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. 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 July 19, 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 52

    Environmental protection, Air pollution control, Incorporation by 
reference, Intergovernmental relations, Nitrogen dioxide, Ozone, 
Reporting and recordkeeping requirements.

    Dated: April 28, 2004.
Deborah Jordan,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

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

Subpart F--California

0
2. Section 52.220 is amended by adding paragraphs (c)(300) (i)(D)(1), 
(c)(325), and (c)(326) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (300) * * *
    (i) * * *
    (D) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4703 adopted on April 25, 2002.
* * * * *
    (325) Amended regulations for the following APCD were submitted on 
September 29, 2003, by the Governor's Designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 4305 and 4351 adopted on August 21, 2003, and Rule 4306 
adopted on September 18, 2003.
    (326) Amended regulations for the following APCD were submitted on 
October 9, 2003, by the Governor's Designee.
    (i) Incorporation by reference.
    (A) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rules 4701 and 4702 adopted on August 21, 2003.
[FR Doc. 04-11114 Filed 5-17-04; 8:45 am]
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