[Federal Register Volume 62, Number 158 (Friday, August 15, 1997)]
[Rules and Regulations]
[Pages 43645-43647]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-21694]


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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 128-0043; FRL-5875-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, San Joaquin Valley Unified Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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

SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan. The revisions concern negative 
declarations from the San Joaquin Valley Unified Air Pollution Control 
District (SJVUAPCD) for five source categories that emit oxides of 
nitrogen (NO<INF>X</INF>): Nitric and Adipic Acid Manufacturing Plants, 
Cement Manufacturing Plants, Asphalt Batch Plants, Iron and Steel 
Manufacturing Plants, and Driers. The SJVUAPCD has certified that these 
source categories are not present in the District and this information 
is being added to the federally approved State Implementation Plan. The 
intended effect of approving these negative declarations is to meet the 
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act). 
Thus, EPA is finalizing the approval of these revisions into the 
California SIP under provisions of the CAA regarding EPA action on SIP 
submittals, SIPs for national primary and secondary ambient air quality 
standards and plan requirements for nonattainment areas.

DATES: This action is effective on October 14, 1997 unless adverse or 
critical comments are received by September 15, 1997. If the effective 
date is delayed, a timely notice will be published in the Federal 
Register.

ADDRESSES: Comments must be submitted to Julie Rose at the Region IX 
office listed below. Copies of the submitted negative declarations are 
available for public inspection at EPA's Region IX office and also at 
the following locations during normal business hours.

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Air Docket (6102), U.S. Environmental Protection Agency, 401 ``M'' 
Street, S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Fresno, CA 93721

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-
4), Air Division, U.S. Environmental Protection Agency, 75 Hawthorne 
Street, San Francisco, CA 94105, Telephone: (415) 744-1184.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The revisions being approved as additional information for the 
California SIP include five negative declarations from the SJVUAPCD 
regarding the following source categories: (1) Nitric and Adipic Acid 
Manufacturing Plants, (2) Cement Manufacturing Plants, (3) Asphalt 
Batch Plants, (4) Iron and Steel Manufacturing Plants, and (5) Driers. 
These negative declarations were submitted by the California Air 
Resources Board (CARB) to EPA on October 17, 1994.

II. Background

    On November 15, 1990, the Clean Air Act Amendments of 1990 (CAA) 
were enacted. Public Law 101-549, 104 Stat.

[[Page 43646]]

2399, codified at 42 U.S.C. 7401-7671q. The air quality planning 
requirements for the reduction of NO<INF>x</INF> emissions through 
reasonably available control technology (RACT) are set out in section 
182(f) of the CAA. On November 25, 1992, EPA published a proposed 
rulemaking entitled ``State Implementation Plans; Nitrogen Oxides 
Supplement to the General Preamble; Clean Air Act Amendments of 1990 
Implementation of Title I; Proposed Rule,'' (the NO<INF>x</INF> 
Supplement) which describes the requirements of section 182(f). The 
NO<INF>x</INF> Supplement should be referred to for further information 
on the NO<INF>x</INF> requirements and is incorporated into this 
document by reference. Section 182(f) of the Clean Air Act requires 
states to apply the same requirements to major stationary sources of 
NO<INF>x</INF> (''major'' as defined in section 302 and section 182 
(c), (d), and (e)) as are applied to major stationary sources of 
volatile organic compounds (VOCs), in moderate or above ozone 
nonattainment areas. The San Joaquin Valley Air Basin (SJVAB) is 
classified as a serious nonattainment area for ozone.<SUP>1</SUP> The 
SJVAB area is subject to the RACT requirements of section 182(b)(2), 
cited above.
---------------------------------------------------------------------------

    \1\  The San Joaquin Valley Air Basin retained its designation 
of nonattainment and was classified by operation of law pursuant to 
sections 107(d) and 181(a) upon the date of enactment of the CAA. 
See 55 FR 56694 (November 6, 1991).
---------------------------------------------------------------------------

    Section 182(b)(2) requires submittal of RACT rules for major 
stationary sources of VOC emissions (not covered by a pre-enactment 
control technique guidelines (CTG) document or a post-enactment CTG 
document) by November 15, 1992. There were no NO<INF>x</INF> CTGs 
issued before enactment and EPA has not issued a CTG document for any 
NO<INF>x</INF> category since enactment of the CAA. EPA has issued 
guidance documents in the form of Alternative Control Techniques for 
nine NO<INF>x</INF> source categories: (1) Nitric and Adipic Acid 
Manufacturing Plants, (2) Stationary Combustion Gas Turbines, (3) 
Process Heaters, (4) Stationary Internal Combustion Engines, (5) 
Utility Boilers, (6) Cement Manufacturing, (7) Glass Manufacturing, (8) 
Iron and Steel Plants, and (9) Industrial, Commercial, and 
Institutional Boilers.
    The five negative declarations were adopted on September 14, 1994 
and submitted by the State of California on October 17, 1994. The 
submitted negative declarations were found to be complete on December 
1, 1994 pursuant to EPA's completeness criteria that are set forth in 
40 CFR part 51 Appendix V.<SUP>2</SUP> These negative declarations are 
being finalized for approval into the SIP as additional information.
---------------------------------------------------------------------------

    \2\  EPA adopted the completeness criteria on February 16, 1990 
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, 
revised the criteria on August 26, 1991 (56 FR 42216).
---------------------------------------------------------------------------

    This document addresses EPA's direct final action for the SJVUAPCD 
negative declarations for: (1) Nitric and Adipic Acid Manufacturing 
Plants, (2) Cement Manufacturing Plants, (3) Asphalt Batch Plants, and 
(4) Iron and Steel Manufacturing Plants, and (5) Driers. The submitted 
negative declarations certify that there are no NO<INF>x</INF> sources 
in these source categories located inside SJVUAPCD. Therefore, the 
determination being evaluated is that there is no need to have RACT 
rules in the SIP for these source categories at this time.

III. EPA Evaluation and Action

    In determining the approvability of a negative declaration, EPA 
must evaluate the declarations for consistency with the requirements of 
the CAA and EPA regulations, as found in section 110 of the CAA and 40 
CFR part 51 (Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans).
    In a Resolution dated September 14, 1994, the SJVUAPCD Board 
affirmed that the SJVUAPCD does not have any major stationary sources 
in these source categories located within the federal ozone 
nonattainment planning area.
    EPA has evaluated these negative declarations and has determined 
that they are consistent with the CAA, EPA regulations, and EPA policy. 
SJVUAPCD's negative declarations for Nitric and Adipic Acid 
Manufacturing Plants, Cement Manufacturing Plants, Asphalt Batch 
Plants, Iron and Steel Manufacturing Plants, and Driers are being 
approved under section 110(k)(3) of the CAA as meeting the requirements 
of section 110(a) and Part D.
    EPA is publishing this document without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective October 14, 1997, unless, by September 15, 1997, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective October 14, 1997.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for revision to the state implementation plan shall 
be considered separately in light of specific technical, economic, and 
environmental factors and in relation to relevant statutory and 
regulatory requirements.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA 
must prepare a regulatory flexibility analysis assessing the impact of 
any proposed or final rule on small entities. 5 U.S.C. 603 and 604. 
Alternatively, EPA may certify that the rule will not have a 
significant impact on a substantial number of small entities. Small 
entities include small businesses, small not-for-profit enterprises, 
and government entities with jurisdiction over populations of less than 
50,000.
    SIP approvals under section 110 and subchapter I, part D of the 
Clean Air Act do not create any new requirements but simply approve 
requirements that the State is already imposing. Therefore, because the 
Federal SIP approval does not impose any new requirements, the 
Administrator certifies that it does not have a significant impact on 
any small entities affected. Moreover, due to the nature of the 
Federal-State relationship under the CAA, preparation of a flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds.  Union Electric Co. v. 
U.S. EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under Section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to

[[Page 43647]]

accompany any proposed or final rule that includes a Federal mandate 
that may result in estimated costs to State, local, or tribal 
governments in the aggregate; or to private sector, of $100 million or 
more. Under Section 205, EPA must select the most cost-effective and 
least burdensome alternative that achieves the objectives of the rule 
and is consistent with statutory requirements. Section 203 requires EPA 
to establish a plan for informing and advising any small governments 
that may be significantly or uniquely impacted by the rule.
    EPA has determined that the approval action promulgated does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business 
Regulatory Enforcement Fairness Act of 1996, EPA submitted 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 
General Accounting Office prior to publication of the rule in today's 
Federal Register. This rule is not a ``major'' rule as defined by 5 
U.S.C. 804(2).

E. Petitions for Judicial Review

    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 October 14, 1997. 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, Hydrocarbons, 
Intergovernmental relations, Nitrogen dioxide, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: August 1, 1997.
Felicia Marcus,
Regional Administrator.

    Part 52, chapter I, title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

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

    Authority: 42 U.S.C. 7401-7671q.

Subpart F--California

    2. Section 52.222 is being amended by adding paragraph (b)(2) to 
read as follows:


Sec. 52.222  Negative declarations.

* * * * *
    (b) * * *
    (2) San Joaquin Valley Unified Air Pollution Control District.
    (i) Nitric and Adipic Acid Manufacturing Plants, Cement 
Manufacturing Plants, Asphalt Batch Plants, Iron and Steel 
Manufacturing Plants, and Driers were submitted on October 17, 1994 and 
adopted on September 14, 1994.
* * * * *
[FR Doc. 97-21694 Filed 8-14-97; 8:45 am]
BILLING CODE 6560-50-P