[Federal Register Volume 73, Number 224 (Wednesday, November 19, 2008)]
[Proposed Rules]
[Pages 69593-69595]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E8-27484]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0341; FRL-8741-9]


Revisions to the California State Implementation Plan, Ventura 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the Ventura County 
Air Pollution Control District (VCAPCD) portion of the California State 
Implementation Plan (SIP). These revisions concern the permitting of 
new or modified sources. We are proposing to approve local rules to 
regulate these procedures under the Clean Air Act as amended in 1990 
(CAA or the Act). We are taking comments on this proposal and plan to 
follow with a final action.

DATES: Any comments must arrive by December 19, 2008.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2008-0341, by one of the following methods:
     Federal eRulemaking Portal: 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 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 www.regulations.gov or e-mail. 
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 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, EPA 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 the rules?
    C. What is the purpose of the submitted rules?
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 addressed by this proposal with the dates 
that they were adopted by local air agency and submitted by the 
California Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency             Rule No.            Rule title             Amended or revised      Submitted
----------------------------------------------------------------------------------------------------------------
VCAPCD.........................          26    New Source Review--        03/14/06, Amended........     06/16/06
                                                General.
VCAPCD.........................          26.1  New Source Review--        11/14/06, Revised........     05/08/07
                                                Definitions.
VCAPCD.........................          26.2  New Source Review--        03/14/06, Revised........     06/16/06
                                                Requirements.
VCAPCD.........................          26.3  New Source Review--        03/14/06, Revised........     06/16/06
                                                Exemptions.
VCAPCD.........................          26.4  New Source Review--        03/14/06, Revised........     06/16/06
                                                Emissions Banking.
VCAPCD.........................          26.5  New Source Review--        03/14/06, Revised........     06/16/06
                                                Essential Public Service
                                                Bank.
VCAPCD.........................          26.6  New Source Review--        03/14/06, Revised........     06/16/06
                                                Calculations.
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    On July 21, 2006, the rule submittal of June 16, 2006 was found to 
meet the completeness criteria in 40 CFR part 51, appendix V, which 
must be met before formal EPA review. On July 23, 2007, the rule 
submittal of May 8, 2007 was found to meet the completeness criteria.

B. Are there other versions of the rules?

    We approved a version of VCAPCD Rules 26 and 26.5 on December 7, 
2000 (65 FR 76567). We approved a version of VCAPCD Rules 26.1, 26.2, 
26.3, 26.4, and 26.6 on February 28, 2003 (68 FR 9561). We did not act 
on a version of VCAPCD Rule 26.1, revised on March 14, 2006 and 
submitted to us by CARB on June 16, 2006. While we can act on only the 
most recently submitted version, we have reviewed materials provided 
with the previous submittal.

C. What is the purpose of the submitted rules?

    The purposes of revisions relative to the SIP rule are as follows:
     VCAPCD Rule 26: A reference to the new Rule 26.11 is 
added, along with the purposes of Rule 26.11, including (a) the process 
by which the APCO determines if Emission Reduction Credits (ERCs) are 
surplus at the time of use and (b) the implementation of an annual

[[Page 69594]]

equivalency demonstration program, are added to the rule.
     VCAPCD Rule 26.1: Four definitions relating to bio-solids, 
public service ERCs, and public service banking are added to the rule, 
and the definition for Community Bank is removed from the rule.
     VCAPCD Rule 26.2: The District name is added to the rule.
     VCAPCD Rule 26.3: The exemption from offset requirements 
for gasoline dispensing facilities that dispense into motor vehicles or 
marine pleasure craft, is removed.
     VCAPCD Rule 26.4.B.5: The banking of ERCs for gasoline 
dispensing facilities that dispense into motor vehicles or marine 
pleasure craft, shall be allowed for no more than the amount of ERCs 
provided by the applicant after 10/22/91. Previously these ERCs were 
not eligible for banking.
     VCAPCD Rule 26.4.B.7: The provisions are added that (a) 
after 10/22/91, any ROC or NOX emission increase calculated 
pursuant to Rule 26.6.D but not offset with ERCs shall be ineligible 
for banking and (b) an emission increase offset with a credit from the 
Community Bank between 10/13/91 and 03/14/06 shall be ineligible for 
banking.
     VCAPCD Rule 26.4.F.2: The provisions are added that (a) 
the District shall contact the owner of an ERC certificate annually to 
determine if the owner will renew the certificate and (b) if not 
renewed, the certificate will be deemed inactive and transferred to the 
Essential Public Service Bank.
     VCAPCD Rule 26.5: The title of this rule is changed from 
``New Source Review--Community Service Bank'' to ``New Source Review--
Essential Public Service Bank.''
     VCAPCD Rule 26.5.A: The applicability of this banking 
section is changed to ``essential public service credits'' instead of 
``community ERCs.''
     VCAPCD Rule 26.5.C: The applicability of this disbursement 
section is also changed to ``essential public service credits.'' Other 
former community ERC transactions described in SIP Rule 25.5.C.2, such 
as disbursing community ERCs to sources not required to provide offsets 
on the date the Authority-to-Construct is issued, are deleted.
     VCAPCD Rule 26.5.E: Requirements for tracking community 
ERCs by the District are deleted from the rule. These provisions 
already exist in the SIP-approved version of VCAPCD Rule 26.11.
     VCAPCD Rule 26.6: The District name is added to the rule.

II. EPA's Evaluation and Action

A. How is EPA evaluating the rules?

    These rules describe administrative provisions and definitions that 
support the review and permitting of new and modified emission sources 
as required by Title I, subpart D, of the Clean Air Act for 
nonattainment areas. In combination with the other requirements, these 
rules must be enforceable (see section 110(a) of the CAA) and must not 
relax existing requirements (see sections 110(l) and 193).
    EPA guidance and policy documents that we used to help evaluate 
enforceability requirements consistently 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 the 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 VCAPCD Rule 26.1 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

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing full approval as described in section 
110(k)(3) of the CAA. We will accept comments from the public on this 
proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP.

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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Reporting and recordkeeping requirements.


[[Page 69595]]


    Dated: October 24, 2008.
Alexis Strauss,
Acting Regional Administrator, Region IX.
[FR Doc. E8-27484 Filed 11-18-08; 8:45 am]
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