[Federal Register Volume 73, Number 207 (Friday, October 24, 2008)]
[Rules and Regulations]
[Pages 63382-63384]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-25310]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2006-0869, FRL-8721-7]


Revisions to the California State Implementation Plan, San Diego 
Air Pollution Control District, San Joaquin Valley Air Pollution 
Control District, and Ventura County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action to approve revisions to the 
San Diego Air Pollution Control District (SDAPCD), San Joaquin Valley 
Air Pollution Control District (SJVAPCD), and Ventura County Air 
Pollution Control District (VCAPCD) portions of the California State 
Implementation Plan (SIP). The revisions concern the permitting of air 
pollution sources. We are approving local rules under authority of the 
Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on December 23, 2008 without further 
notice, unless EPA receives adverse comments by November 24, 2008. If 
we receive such comment, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0869, by one of the following methods:
     Federal eRulemaking Portal: http://www.regulations.gov. 
Follow the on-line instructions.
     E-mail: [email protected].
     Mail or deliver: Gerardo Rios (Air-3), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at http://www.regulations.gov, including any personal information provided, 
unless the comment includes Confidential Business Information (CBI) or 
other information whose disclosure is restricted by statute. 
Information that you consider CBI or otherwise protected should be 
clearly identified as such and should not be submitted through http://www.regulations.gov or e-mail. http://www.regulations.gov is an 
``anonymous access'' system, and EPA will not know your identity or 
contact information unless you provide it in the body of your comment. 
If you send e-mail directly to EPA, your e-mail address will be 
automatically captured and included as part of the public comment. If 
EPA cannot read your comment due to technical difficulties and cannot 
contact you for clarification, EPA may not be able to consider your 
comment.
    Docket: The index to the docket for this action is available 
electronically at http://www.regulations.gov and in hard copy at EPA 
Region IX, 75 Hawthorne Street, San Francisco, California. While all 
documents in the docket are listed in the index, some information may 
be publicly available only at the hard copy location (e.g., copyrighted 
material), and some may not be publicly available in either location 
(e.g., CBI). To inspect the hard copy materials, please schedule an 
appointment during normal business hours with the contact listed in the 
FOR FURTHER INFORMATION CONTACT section below.

FOR FURTHER INFORMATION CONTACT: Laura Yannayon, Permits Office (AIR-
3), U.S. Environmental Protection Agency, Region IX, (415) 972-3534, 
[email protected].

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

Table of Contents

I. The State's Submittal
    A. What Rules Did the State Submit?
    B. Are There Other Versions of These Rules?
    C. What Are the Purposes of the Submitted Rules and Rule 
Revisions?
II. EPA's Evaluation and Action
    A. How Is EPA Evaluating the Rules?
    B. Do the Rules Meet the Evaluation Criteria?
    C. EPA Recommendation To Further Improve a Rule
    D. Proposed Action and Public Comment
III. Statutory and Executive Order Reviews

I. The State's Submittal

A. What Rules Did the State Submit?

    Table 1 lists the rules we are approving with the dates that they 
were amended by the local air agencies and submitted by the California 
Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
            Local agency                Rule No.          Rule title           Adopted or revised     Submitted
----------------------------------------------------------------------------------------------------------------
SDCAPCD.............................           24  Temporary Permit to      03/20/96, Adopted......     10/18/96
                                                    Operate.
SJVAPCD.............................         2050  Cancellation of          12/16/93, Adopted......     05/24/94
                                                    Application.
VCAPCD..............................           11  Definitions for          03/14/06, Revised......     06/16/06
                                                    Regulation II.
VCAPCD..............................           29  Conditions on Permits..  03/14/06, Revised......     06/16/06
----------------------------------------------------------------------------------------------------------------

    On July 14, 1994, the submittal of SJVAPCD Rule 2050 was found to 
meet the completeness criteria in 40 CFR part 51, appendix V, which 
must be met before formal EPA review. On July 21, 2006, the submittals 
of VCAPCD Rules 11 and 29 were found to meet the completeness criteria.

B. Are There Other Versions of These Rules?

    We approved versions of VCAPCD Rules 11 and 29 into the SIP on 
December 7, 2000 (65 FR 76567). There is no version of SJVAPCD Rule 
2050 in the SIP.

C. What Are the Purposes of the Submitted Rules and Rule Revisions?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, nitrogen oxides, particulate 
matter, and other air pollutants which harm human health and the 
environment. Permitting rules were developed as part of the local air 
district's programs to control these pollutants.
    The purposes of new SDCAPCD Rule 24 are as follows:
     The rule establishes the Authority to Construct (ATC) as 
the temporary Permit to Operate (PTO) during the interim period after 
completion of construction until a new or modified emission unit can be 
inspected by the Air Pollution Control Officer and a new PTO be issued.
     The rule establishes an application for change of 
ownership or application for ATC and PTO as a temporary PTO during the 
interim period until a new or

[[Page 63383]]

modified emission unit can be inspected by the APCO and a new ATC be 
issued.
    The purposes of new SJVAPCD Rule 2050 are as follows:
     The rule requires that an Authority to Construct (ATC) 
expire in two years unless construction is commenced, as defined in 40 
CFR 51.165(a)(1)(xvi).
     The rule allows one two-year extension of an ATC in case 
all preconstruction permits and approvals have not been obtained, or 
there is an economic downturn, or the construction is part of a larger 
project on which construction has commenced.
     The rule requires that a Permit to Operate expire in two 
years unless it is renewed.
    The purpose of the revision of VCAPCD Rule 11 relative to the SIP 
is as follows:
     The rule removes the references to the Community Bank for 
the definitions of ``small source'' and ``medium source,'' because the 
Community Bank no longer applies to sources with permitted emissions 
less than 5 tons per year.
    The purposes of revisions of VCAPCD Rule 29 relative to the SIP are 
as follows:
     The rule changes the calculation method for permitted 
emissions of reactive organic compounds (ROC) for gasoline dispensing 
facilities and dry cleaning facilities to include accounting for the 
control equipment and the amount of throughput requested by the 
permittee in addition to accounting for the number, size, and type of 
storage tanks at the source.
     The rule requires that the permittee submit an application 
and provide offsets to increase emissions of ROC to equal or more than 
5 tons per year. For smaller emissions of ROC, the allowed emissions 
shall be changed as part of the annual permit renewal process.
    The TSD has more information about these rules.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rules?

    Generally, administrative SIP rules must be enforceable (see 
section 110(a) of the CAA) and must not relax existing requirements 
(see sections 110(l) and 193). There are no specific reasonably 
available control measure/reasonably available control technology 
(RACM/RACT) requirements for administrative rules.
    The following guidance and policy documents that we used to define 
specific enforceability requirements include the following:
     Review of New Sources and Modifications, U.S. EPA, 40 CFR 
part 51, subpart I.
     Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, EPA Region 9, (August 21, 2001). (The Little Bluebook)

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability and SIP relaxations. The TSD has more 
information on our evaluation.

C. EPA Recommendation To Further Improve a Rule

    The TSD describes an additional revision to SJVAPCD Rule 2050 that 
does not affect EPA's current action but is recommended for the next 
time the local agency modifies the rule.

D. Proposed Action and Public Comment

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving the submitted rules, because we believe they fulfill all 
relevant requirements. We do not think anyone will object to this 
approval, so we are finalizing it without proposing it in advance. 
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 November 24, 2008, 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 December 23, 2008. This will incorporate 
these rules into the federally enforceable SIP.
    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 the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).
    In addition, this rule does not have tribal implications as 
specified by Executive Order 13175 (65 FR 67249, November 9, 2000), 
because the SIP is not approved to apply in Indian country located in 
the state, and EPA notes that it will not impose substantial direct 
costs on tribal governments or preempt tribal law.
    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 action and 
other required information to the U.S. Senate, the U.S. House of 
Representatives, and

[[Page 63384]]

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 December 23, 2008. Filing a 
petition for reconsideration by the Administrator of this final rule 
does not affect the finality of this action 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, Reporting and recordkeeping 
requirements.

    Dated: September 2, 2008.
Jane Diamond,
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)(197)(i)(C)(6), 
(241)(i)(A)(6), and (345)(i)(C) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (197) * * *
    (i) * * *
    (C) * * *
    (6) Rule 2050, ``Cancellation of Application,'' adopted on May 21, 
1992 and amended on December 16, 1993.
* * * * *
    (241) * * *
    (i) * * *
    (A) * * *
    (6) Rule 24, ``Temporary Permit to Operate,'' adopted on March 20, 
1996.
* * * * *
    (345) * * *
    (i) * * *
    (C) Ventura County Air Pollution Control District.
    (1) Rule 11, ``Definitions for Regulation II,'' and Rule 29, 
``Conditions on Permits,'' adopted on June 13, 1995 and May 23, 1972, 
respectively, and revised on March 14, 2006.
* * * * *
 [FR Doc. E8-25310 Filed 10-23-08; 8:45 am]
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