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Citation: 61 Fed. Reg. 15717 1996
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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. Forthese reasons, USEPA has determined that this final action does
not include aFederal mandate.

List ofSubjects in 40 CFR Part52

Environmental protection, Air pollution control, Carbon monoxide, Hydrocarbons, Incorporation by reference, Ozone, Reporting and recordkeeping requirements.

Dated: February 15, 1996. David A. Ullrich,
ActingRegional Administrator. 

### Part 52, chapter I, title40 oftheCode ofFederal Regulations is amended as follows:


### PART52-[AMENDED]

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

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

### Subpart 0-Illinois

2. Section 52.720 is amended by addingparagraph (c)(122) to read as follows: 

### §52.720 Identificationofplan.

(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 theI/Mperformance 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 rulespublished in the Illinois Register on June 26, 1992 at Volume 16, Issue #16.

(i) Incorporation byreference. (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, 1990effective 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 ofAir Chiefto the USEPA's Regional Air and Radiation Division Director submitting Illinois' revision to the ozone SIP.

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### 40 CFR Part 52 [AZ063-0001a; FRL-5443-7]


### Clean AirActApproval and Promulgation ofPrevention of Significant Deterioration (PSD) and General Permitting Provisions Implementation Plan forArizona State Pinal CountyAirQualityControl District
AGENCY: Environmental Protection 

### Agency (EPA). ACTION: Direct final rule.
SUMMARY: EPA is promulgating direct final approval ofportions ofa requested State Implementation Plan (SIP) revision submitted by the State of Arizona on behalfofPinal County for the purpose ofmeeting requirements of the Clean Air Act, as amended in 1990 (CAA or the Act) with regard to general permitting and prevention ofsignificant deterioration (PSD)programs in areas of Pinal County that arein attainment of the national ambient air quality standards (NAAQS).The requested revision was submitted bythe State to satisfy certain Federal requirements for

an approvable SIP.

EPA is taking this action to approve the portions ofPinal's rules identified below into the SIP for the purpose of meeting the PSD and preconstruction permitting requirements of40CFR 51.160 through 51.164 and 51.166, under the authority granted by40 CFR 51.105. Approval ofPinal's rules for the purposes ofmeeting the nonattainment preconstruction permitting requirements of40CFR 51.165 will take place under a separate action. This action does notin any way imply that Pinal's nonattainment permitting provisions meet the requirements of §§ 171, 172, 173, 181, 182, 187, or 189 ofthe CAA. Failure on Pinal's part to submitrules which meet the requirements of40 CFR51.165 may trigger sanctions as provided for under § 179 ofthe Clean Air Act. DATES: This direct final rule is effective

onJune 10, 1996 unless adverse or critical comments are received by May 9, 1996. Ifthe effective date is delayed,

a timely notice will be published in the Federal Register. ADDRESSES: Copies ofthe 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 ofArizona Department ofEnvironmental 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 planningrequirements for attainment areas are set out in 40CFR 51.166. The general air quality permitting requirements are setout 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 110(a)(2) and section I10(1) of the Act provide that each implementation plan or revision to an implementation plan submitted by a State mustbe adopted afterreasonable notice and public hearing.

ADEQ held a public hearing on August 9, 1994, to entertain public
comment on the proposal to submit portions ofPinal County's Code of Regulations as arevision to the SIP. On 

### August 16, 1994 therules were submitted to EPA as aproposed revision 

### tothe Arizona SIP. On May 31, 1995 andNovember 27, 1995, ADEQ submitted applicable portions ofthe original submittal which had 

### subsequently been revised byPinal County (thePinal County portion ofthe August 16, 1994 submittal and its 

### subsequentrevisions willhereafter be referred to as "the submitted rules").



### The November 27, 1995 SIPrevision

was reviewed by EPA and determined to be complete on February 2, 1996. The submitted rules contain all ofthe general permitting and PSD requirements but lackcertain nonattainment new source review (NSR) requirements that would make them 

### 15717

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### 15718 Federal Register / Vol. 61, No. 69 / Tuesday, April 9, 1996 / Rules and Regulations

fully approvable. In this action, EPA is therefore promulgating approval ofonly those portions ofthe submitted rules which are necessary to meet the general permitting and PSDrequirements contained in 40 CFR 51.160-51.164 and 51.166. The specific rules thatEPA is promulgating approval ofare listed below. EPA believes that these rules are separable and thattheir independent approval does not affect their stringency. EPA will therefore act at a later date on theportions ofthe 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 isproposing in

a separate document in this Federal Register publication, approval ofthose portions ofthe submitted rules that are necessary to meet the general permitting and PSD requirements.

IfEPA receives adverse or critical comments, this action willbe 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. Anyparties interested in commenting on this action should do so at this time. Ifno such
comments are received, the public is advised thatthis 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 forparticulate
matter (PMio). The specific PM 10 nonattainment areas is theplanning 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 ofhow the submitted rules meet the applicable requirements, please refer to EPA's Technical Support Document (TSD). Proposed Action

EPA is promulgating direct final approval ofthe portions ofthe submitted rules that contain the general and PSD permitting provisions. Specifically, EPA is proposing to approve the following sections ofthe 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 (AirQuality Standards), 2 (Ambient Air Quality Monitoring Methods &Procedures), 3 (Interpretation ofAmbient Air Quality Standards &Evaluation ofAir Quality Data), 4 (Attainment Area Classification), 5 (Limitation of Pollutants in Attainment Areas), 6 (Violations), and 7 (AirPollution 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 (AirQuality Models), and section 280 (Visibility Protections).

It should be noted here that approval ofthese sections does notindicate that portions oftherule intended to meet requirements ofTitle V ofthe CAA are
now federally-enforceable. Approval of

aTitle Vprogram is a separate action.

EPA is requesting comments on all aspects ofthe requested SIPrevision and EPA's proposed rulemaking action. Comments received by the date indicated above will be considered in the development ofEPA's final rule.
Administrative Review

Nothing in this action should be construed as permitting or allowing or establishing aprecedent 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 ofspecific 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
aregulatory flexibility analysis assessing theimpact ofany proposed or final rule on small entities. 5 U.S.C. 603 and 604. Alternatively, EPAmay certify that the rule will not have a significant impact on a substantial number ofsmall entities. Small entities include small businesses, smallnot-for-profit enterprises, and government entities withjurisdiction overpopulations of less than 50,000.

SIP approvals under section 110 and subchapter I,part D ofthe Act do not create any new requirements, but simply approve requirements that the State is already imposing. Therefore, because the Federal SIP-approval does
notimpose any new requirements, I certify that it does not have a significant impact on any small entities affected. Moreover, due to the nature ofthe Federal-State relationship under the Act, preparation ofa regulatory flexibility analysis would constitute Federal inquiry into the economic reasonableness ofState action. The Act forbids EPAto base its actions concerning SIPs on such grounds. UnionElectricCo. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct 1976); 42 U.S.C. 7410(a)(2).

The Office ofManagement and Budget has exempted this action from review under Executive Order 12866.


### Unfunded Mandates

Under Section 202 ofthe Unfunded Mandates Reform Act of1995, EPA mustprepare abudgetary impact
statement to accompany any proposed

or final rule that includes afederal mandate that may result in estimated
costs to state, local, or tribal governments in the aggregate; or to the private sector, of$100 million ormore. EPA has determined that the approval proposed in this document does not include such afederal mandate, as this proposed federal action would approve pre-existing requirements under state or local law, and would impose nonew federalrequirements. Accordingly, no additional costs to state, local, or tribal governments, orto the private sector, willresult from this action.


### ListofSubjects in40 CFRPart52

Airpollution 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, RegionalAdministrator. Subpart Dofpart 52, chapter I, title 40 ofthe Code ofFederal Regulations is amended as follows:


### PART52-[AMENDED]

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

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

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

Subpart D-Arizona

2. Section 52.120 is amended by addingparagraph (c)(84) to read as follows:
§52.120 Identificationof 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 byreference. (A) Pinal County Air Quality Control District Code ofRegulations: Chapter 1, Articles 1through 3; Chapter 2, Articles 1through 7; Chapter 3, Articles 1, 2, and the following sections ofArticle 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.

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### 40 CFR Part 52 [CA 102-14-0004a; FRL-5441-3] Approval and Promulgation of Implementation Plans;California State Implementation Plan Revision; Mojave Desert AirQualityManagement District;San Diego County Air PollutionControl District;San Joaquin Valley Unified AirPollutionControl 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 ofnitrogen (NOx) from gas turbines, fuel-burning equipment, and glass manufacturing plants. This approval action will incorporate these rules into theFederally approved SIP. The intended effect ofapproving these rules is to regulate emissions ofNOx in accordance with therequirements ofthe Clean Air Act, as amended in 1990 (CAA or the Act). The EPA is finalizing the approval ofthese revisions into the California SIP under provisions ofthe 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 arereceived byMay 9, 1996. Ifthe effective date is delayed, a timely notice will be published in the Federal Register. ADDRESSES: Copies ofthe rules and EPA's evaluation report ofeach rule are available forpublic inspection atEPA's Region IX office during normal business hours. Copies ofthe 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; SDCAPCDRule 68, Fuel-Burning Equipment-Oxides ofNitrogen; 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 42U.S.C. 7401- 7671q. The air quality planning requirements for the reduction ofNOx emissions through reasonably available control technology (RACT) are set out in section 182(f) ofthe 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 ofTitle I; Proposed Rule," (theNOx Supplement) which describes and provides preliminary guidance on the requirements ofsection 182(f). 57 FR55620. The NOx Supplement should be referred to for further information on the NOx requirements and is incorporated into this notice ofdirect final rulemakingby reference.
Section 182(f) ofthe Clean AirAct requires States to apply the same requirements to major stationary sources ofNOx ("major" as defined in section 302 and section 182 (c), (d), and (e)) as
are applied to major stationary sources ofvolatile 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 ofsection 182(b)(2), and the November 15, 1992 deadline, cited below.
Section 182(b)(2)requires submittal of RACT rules for major stationary sources ofVOC (and NOx)emissions not covered by either apre-enactment or post-enactment control techniques guideline (CTG) document byNovember 15, 1992. There were no NOx CTGs issued before enactment and EPA has
notissued aCTG document for any NOx

sources since enactment ofthe 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

aspracticable, but no later than May 31, 1995.

MDAQMD Rule 1159 was adopted by MDAQMD on February 22, 1995, and

was submitted byCARB to EPA on March 31, 1995. SDCAPCDRule 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 40CFRPart 51 Appendix V.2 By today's notice, EPAis taking direct final

1The Southeast Desert Air Basin, the San Diego Area, and the San Joaquin ValleyArea retained their designations ofnonattainment and were classified by operation oflaw pursuant to sections 107(d) and 181(a) upon the date ofenactment ofthe 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).

2EPA adopted the completeness criteria on February 16, 1990 (55FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA, revised the criteria

on August 26, 1991 (56FR 42216). 

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