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Federal Register / Vol. 61, No. 69 / Tuesday, April 9, 1996 / Rules and Regulations

rules being approved by this action will

impose any enforceable duty upon the

State, local, or tribal governments, or

upon the private sector, USEPA's action

will impose no new requirements; such

sources are already subject to these

regulations under State law.

Accordingly, no additional costs to

State, local, or tribal governments, or to

the private sector, result from this

action. For these reasons, USEPA has

determined that this final action does

not include a Federal mandate.

List of Subjects in 40 CFR Part 52

Environmental protection, Air

pollution control, Carbon monoxide,

Hydrocarbons, Incorporation by

reference, Ozone, Reporting and

recordkeeping requirements.

Dated: February 15, 1996.

David A. Ullrich,

A ctin g 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 0-Illinois

2. Section 52.720 is amended by

adding paragraph (c)(122) to read as

follows:

§52.720 Identification of plan.

(c) * * *

(122) On June 26, 1995, the Illinois

Environmental Protection Agency

(IEPA) submitted a State

Implementation Plan (SIP) revision

containing the 1992 enhancements to

the Illinois vehicle inspection and

maintenance (I/M) program. Such

enhancements were originally

developed to meet the I/M performance

standard as called for in the United

States Environmental Protection

Agency's (USEPA's) proposed 'post1987' I/M SIP policy and specified in

the settlement agreement entered into

by the parties in Wisconsin v. Reilly,

Case No. 87-C-0395, E.D. Wis. The

submittal includes authorizing

legislation P.A. 86-1433, signed into

law on September 12, 1990 and

procedural rules published in the

Illinois Register on June 26, 1992 at

Volume 16, Issue #16.

(i) Incorporation by reference.

(A) 35 Illinois Administrative Code

276; Sections 276.101, 276.102, 276.204,

276.206, 276.301, 276.303, 276.304,

276.307, 276.308, 276.309, 276.310,

276.311, 276.401, 276.402, 276.701,

276.702, and 276.703 amended or added

at 16 Ill. Reg. 10230, effective June 15,

1992.

(ii) Other material.

(A) Public Act 86-1433 adopted by

the Illinois General Assembly on June

29, 1990, signed into law by Governor

Edgar on September 12, 1990 effective

September 12, 1990 (Sections 2,3, and 4)

and January 1, 1991 (Section 1). (B) June

26, 1995 letter and attachments from the

IEPA's Bureau of Air Chief to the

USEPA's Regional Air and Radiation

Division Director submitting Illinois'

revision to the ozone SIP.

[FR Doc. 96 8435 Filed 4 8 96; 8:45 am]

BILLING CODE 6560-50-P

40 CFR Part 52

[AZ 063-0001a; FRL-5443-7]

Clean Air Act Approval and

Promulgation of Prevention of

Significant Deterioration (PSD) and

General Permitting Provisions

Implementation Plan for Arizona State

Pinal County Air Quality Control

District

AGENCY: Environmental Protection

Agency (EPA).

ACTION: Direct final rule.

SUMMARY: EPA is promulgating direct

final approval of portions of a requested

State Implementation Plan (SIP)

revision submitted by the State of

Arizona on behalf of Pinal County for

the purpose of meeting requirements of

the Clean Air Act, as amended in 1990

(CAA or the Act) with regard to general

permitting and prevention of significant

deterioration (PSD) programs in areas of

Pinal County that are in attainment of

the national ambient air quality

standards (NAAQS). The requested

revision was submitted by the State to

satisfy certain Federal requirements for

an approvable SIP.

EPA is taking this action to approve

the portions of Pinal's rules identified

below into the SIP for the purpose of

meeting the PSD and preconstruction

permitting requirements of 40 CFR

51.160 through 51.164 and 51.166,

under the authority granted by 40 CFR

51.105. Approval of Pinal's rules for the

purposes of meeting the nonattainment

preconstruction permitting

requirements of 40 CFR 51.165 will take

place under a separate action. This

action does not in any way imply that

Pinal's nonattainment permitting

provisions meet the requirements of

§ § 171, 172, 173, 181, 182, 187, or 189

of the CAA. Failure on Pinal's part to

submit rules which meet the

requirements of 40 CFR 51.165 may

trigger sanctions as provided for under

§ 179 of the Clean Air Act.

DATES: This direct final rule is effective

on June 10, 1996 unless adverse or

critical comments are received by May

9, 1996. If the effective date is delayed,

a timely notice will be published in the

Federal Register.

ADDRESSES: Copies of the State's

submittal and other information are

available for inspection during normal

business hours at the following

locations: (1) EPA Region 9, 75

Hawthorne Street, San Francisco, CA

94105; (2) State of Arizona Department

of Environmental Quality 3033 North

Central Avenue, Phoenix, AZ 85012.

FOR FURTHER INFORMATION CONTACT:

Jessica Gaylord (telephone: 415-744-

1290), or Steve Ringer (telephone: 415-

744-1260), New Source Section, Air &

Toxics Division (A-5-1), EPA Region 9,

75 Hawthorne Street, San Francisco, CA

94105.

SUPPLEMENTARY INFORMATION: The air

quality planning requirements for

attainment areas are set out in 40 CFR

51.166. The general air quality

permitting requirements are set out in

40 CFR 51.160-51.164.

Procedural Background

The Act requires States to observe

certain procedural requirements in

developing implementation plans and

plan revisions for submission to EPA.

Section 1 10(a)(2) and section I10(1) of

the Act provide that each

implementation plan or revision to an

implementation plan submitted by a

State must be adopted after reasonable

notice and public hearing.

ADEQ held a public hearing on

August 9, 1994, to entertain public

comment on the proposal to submit

portions of Pinal County's Code of

Regulations as a revision to the SIP. On

August 16, 1994 the rules were

submitted to EPA as a proposed revision

to the Arizona SIP. On May 31, 1995

and November 27, 1995, ADEQ

submitted applicable portions of the

original submittal which had

subsequently been revised by Pinal

County (the Pinal County portion of the

August 16, 1994 submittal and its

subsequent revisions will hereafter be

referred to as "the submitted rules").

The November 27, 1995 SIP revision

was reviewed by EPA and determined to

be complete on February 2, 1996. The

submitted rules contain all of the

general permitting and PSD

requirements but lack certain

nonattainment new source review (NSR)

requirements that would make them

15717

HeinOnline -- 61 Fed. Reg. 15717 1996
15718 Federal Register / Vol. 61, No. 69 / Tuesday, April 9, 1996 / Rules and Regulations

fully approvable. In this action, EPA is

therefore promulgating approval of only

those portions of the submitted rules

which are necessary to meet the general

permitting and PSD requirements

contained in 40 CFR 51.160-51.164 and

51.166. The specific rules that EPA is

promulgating approval of are listed

below. EPA believes that these rules are

separable and that their independent

approval does not affect their

stringency. EPA will therefore act at a

later date on the portions of the

submitted rules which are intended to

satisfy the requirements contained in 40

CFR 51.165.

EPA is publishing this action without

prior proposal because the Agency

views this as a noncontroversial action

and anticipates no adverse comments.

However, should adverse or critical

comments be filed, EPA is proposing in

a separate document in this Federal

Register publication, approval of those

portions of the submitted rules that are

necessary to meet the general permitting

and PSD requirements.

If EPA receives adverse or critical

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

with this action serving as the proposed

rule. The EPA will not institute a

second comment period. 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

on June 10, 1996.

Pinal County is currently designated

as attainment or unclassifiable for

carbon monoxide, ozone, nitrogen

dioxide, lead, and sulfur dioxide, and

partial nonattainment for particulate

matter (PMio). The specific PM 10

nonattainment areas is the planning area

Hayden/Miami, which is classified as

moderate nonattainment for PM 10 . The

preconstruction requirements for PSD

permitting are found at section 165 of

the Clean Air Act. The submitted rules

satisfy these requirements. For a

detailed description of how the

submitted rules meet the applicable

requirements, please refer to EPA's

Technical Support Document (TSD).

Proposed Action

EPA is promulgating direct final

approval of the portions of the

submitted rules that contain the general

and PSD permitting provisions.

Specifically, EPA is proposing to

approve the following sections of the

submitted rules into the Arizona SIP:

Chapter 1, General Provisions &

Definitions, Articles 1 (Provisions), 2

(Incorporated Materials), and 3

(Definitions).

Chapter 2, Ambient Air Quality

Standards, Articles 1 (Air Quality

Standards), 2 (Ambient Air Quality

Monitoring Methods &Procedures), 3

(Interpretation of Ambient Air Quality

Standards &Evaluation of Air Quality

Data), 4 (Attainment Area

Classification), 5 (Limitation of

Pollutants in Attainment Areas), 6

(Violations), and 7 (Air Pollution

Emergency Episodes).

Chapter 3, Permits and Permit

Revisions, Articles 1 (General

Provisions Relating to Permits &Permit

Revisions), 2 (Permit Amendments and

Revisions), and the following sections of

Article 3, section 200 (Purpose), section

203 (Definitions), section 205

(Application Requirements), section 210

(Application Review Process), section

250 (Permit and Permit Revision

Requirements For Sources Located In

Attainment and Unclassifiable Areas),

section 260 (Air Quality Impact

Analysis and Monitoring Requirements),

section 270 (Innovative Control

technology), section 275 (Air Quality

Models), and section 280 (Visibility

Protection s).

It should be noted here that approval

of these sections does not indicate that

portions of the rule intended to meet

requirements of Title V of the CAA are

now federally-enforceable. Approval of

a Title V program is a separate action.

EPA is requesting comments on all

aspects of the requested SIP revision

and EPA's proposed rulemaking action.

Comments received by the date

indicated above will be considered in

the development of EPA's final rule.

Administrative Review

Nothing in this action should be

construed as permitting or allowing or

establishing a precedent for any future

request for revision to any state

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.

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 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, I

certify 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

Act, preparation of a regulatory

flexibility analysis would constitute

Federal inquiry into the economic

reasonableness of State action. The Act

forbids EPA to base its actions

concerning SIPs on such grounds.

Union Electric Co. v. U.S. E.P.A., 427

U.S. 246, 256-66 (S.Ct 1976); 42 U.S.C.

7410(a)(2).

The Office of Management and Budget

has exempted this action from review

under Executive Order 12866.

Unfunded Mandates

Under Section 202 of the Unfunded

Mandates Reform Act of 1995, EPA

must prepare a budgetary impact

statement to 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 the

private sector, of $100 million or more.

EPA has determined that the approval

proposed in this document does not

include such a federal mandate, as this

proposed federal action would approve

pre-existing requirements under state or

local law, and would impose no new

federal requirements. Accordingly, no

additional costs to state, local, or tribal

governments, or to the private sector,

will result from this action.

List of Subjects in 40 CFR Part 52

Air pollution control, Hydrocarbons,

Incorporation by reference,

Intergovernmental relations, New source

review, Nitrogen dioxide, Particulate

matter, Reporting and recordkeeping

requirements, Sulfur dioxide, Volatile

organic compounds.

Dated: March 3, 1996.

Felicia Marcus,

Regional A dm inistrator.

Subpart D of 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.

HeinOnline -- 61 Fed. Reg. 15718 1996
Federal Register / Vol. 61, No. 69 / Tuesday, April 9, 1996 / Rules and Regulations

Subpart D-Arizona

2. Section 52.120 is amended by

adding paragraph (c)(84) to read as

follows:

§52.120 Identification of plan.

(c) * * *

(84) Amended regulations for the

Pinal County Air Quality Control

District were submitted on November

27, 1995, by the Governor's designee.

(i) Incorporation by reference.

(A) Pinal County Air Quality Control

District Code of Regulations: Chapter 1,

Articles 1 through 3; Chapter 2, Articles

1 through 7; Chapter 3, Articles 1, 2, and

the following sections of Article 3,

Section 200, Section 203, Section 205,

Section 210, Section 250, Section 260,

Section 270, Section 275, and Section

280. Adopted on October 12, 1995.

[FR Doc. 96 8432 Filed 4 8 96; 8:45 am]

BILLING CODE 6560-50-P

40 CFR Part 52

[CA 102-14-0004a; FRL-5441-3]

Approval and Promulgation of

Implementation Plans; California State

Implementation Plan Revision; Mojave

Desert Air Quality Management

District; San Diego County Air

Pollution Control District; San Joaquin

Valley Unified 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

California State Implementation Plan

(SIP). The revisions concern rules from

the Mojave Desert Air Quality

Management District (MDAQMD), San

Diego County Air Pollution Control

District (SDCAPCD), and San Joaquin

Valley Unified Air Pollution Control

District (SJVUAPCD). The rules control

oxides of nitrogen (NOx) from gas

turbines, fuel-burning equipment, and

glass manufacturing plants. This

approval action will incorporate these

rules into the Federally approved SIP.

The intended effect of approving these

rules is to regulate emissions of NOx in

accordance with the requirements of the

Clean Air Act, as amended in 1990

(CAA or the Act). The 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 June

10, 1996, unless adverse or critical

comments are received by May 9, 1996.

If the effective date is delayed, a timely

notice will be published in the Federal

Register.

ADDRESSES: Copies of the rules and

EPA's evaluation report of each rule are

available for public inspection at EPA's

Region IX office during normal business

hours. Copies of the submitted rules are

also available for inspection at the

following locations:

Environmental Protection Agency, Air

Docket (6102), 401 "M" Street SW.,

Washington, DC 20460.

California Air Resources Board,

Stationary Source Division, Rule

Evaluation Section, 2020 "L" Street,

Sacramento, CA 95814.

Mojave Desert Air Quality Management

District, 15428 Civic Drive, Suite 200,

Victorville, CA 92392.

San Joaquin Valley Unified Air

Pollution Control District, 1999

Tuolumne Street, Suite 200, Fresno,

CA 93721.

San Diego County Air Pollution Control

District, 9150 Chesapeake Drive, San

Diego, CA 92123-1096.

FOR FURTHER INFORMATION CONTACT: Mae

Wang, Rulemaking Section (A-5-3), Air

and Toxics Division, U.S.

Environmental Protection Agency,

Region IX, 75 Hawthorne Street, San

Francisco, CA 94105-3901, Telephone:

(415) 744-1200.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the

California SIP include: MDAQMD Rule

1159, Stationary Gas Turbines;

SDCAPCD Rule 68, Fuel-Burning

Equipment-Oxides of Nitrogen; and

SJVUAPCD Rule 4354, Glass Melting

Furnaces.

Background

On November 15, 1990, the Clean Air

Act Amendments of 1990 (CAA or the

Act) were enacted. Pub. L. 101-549, 104

Stat. 2399, codified at 42 U.S.C. 7401-

7671q. The air quality planning

requirements for the reduction of NOx

emissions through reasonably available

control technology (RACT) are set out in

section 182(f) of the CAA. On November

25, 1992, EPA published a Notice of

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 NOx Supplement) which

describes and provides preliminary

guidance on the requirements of section

182(f). 57 FR 55620. The NOx

Supplement should be referred to for

further information on the NOx

requirements and is incorporated into

this notice of direct final rulemaking by

reference.

Section 182(f) of the Clean Air Act

requires States to apply the same

requirements to major stationary sources

of NOx ("major" as defined in section

302 and section 182 (c), (d), and (e)) as

are applied to major stationary sources

of volatile organic compound (VOC)

emissions, in moderate or above ozone

nonattainment areas. The Southeast

Desert Air Basin is classified as severe,

and both the San Diego Area and the

San Joaquin Valley Area are classified as

serious; ' therefore these areas were

subject to section 182(f), the RACT

requirements of section 182(b)(2), and

the November 15, 1992 deadline, cited

below.

Section 182(b)(2) requires submittal of

RACT rules for major stationary sources

of VOC (and NOx) emissions not

covered by either a pre-enactment or

post-enactment control techniques

guideline (CTG) document by November

15, 1992. There were no NOx CTGs

issued before enactment and EPA has

not issued a CTG document for any NOx

sources since enactment of the CAA.

The RACT rules covering NOx sources

and submitted as SIP revisions, are

expected to require final installation of

the actual NOx controls as expeditiously

as practicable, but no later than May 31,

1995.

MDAQMD Rule 1159 was adopted by

MDAQMD on February 22, 1995, and

was submitted by CARB to EPA on

March 31, 1995. SDCAPCD Rule 68 was

adopted on September 20, 1994, and

submitted on October 19, 1994.

SJVUAPCD Rule 4354 was adopted on

September 14, 1994, and submitted on

September 28, 1994. These submitted

rules were found to be complete on May

2, 1995, October 21, 1994, and October

21, 1994, respectively, pursuant to

EPA's completeness criteria that are set

forth in 40 CFR Part 51 Appendix V.2 By

today's notice, EPA is taking direct final

1

The Southeast Desert Air Basin, the San Diego

Area, and the San Joaquin Valley Area retained

their designations of nonattainment and were

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). The San

Diego Area was reclassified from severe to serious

on February 21, 1995. See 60 FR 3771 (January 19,

1995). 2

EPA adopted the completeness criteria on

February 16, 1990 (55 FR 5830) and, pursuant to

section 1 10(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56 FR 42216).

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