[Federal Register: December 29, 2003 (Volume 68, Number 248)]
[Rules and Regulations]
[Page 74871-74873]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr29de03-13]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[CA 110-OPPa; FRL-7603-1]
Approval and Promulgation of Operating Permits Program; San Diego
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 County Air Pollution Control District Operating Permits
(Title V) Program. Under authority of the Clean Air Act as amended in
1990 (CAA or the Act), we are approving a rule revision that addresses
a change in the major source threshold for volatile organic compounds
(VOCs) and oxides of nitrogen (NOX). This change is based on
the redesignation of San Diego County as in attainment of the federal
one-hour ozone standard. As a result of this action, some sources that
would have previously been considered major sources, and therefore
would have been required to obtain a Title V operating permit, would no
longer need to apply for a Title V permit. We are also approving
revisions to several other parts of San Diego's Title V program. For
more information see ``What is being addressed in this document,''
below.
DATES: These rule revisions are effective on February 27, 2004 without
further notice, unless EPA receives adverse comments by January 28,
2004. If we receive such comment, we will publish a timely withdrawal
in the Federal Register to notify the public that these revisions will
not take effect.
ADDRESSES: Send comments to Gerardo Rios, Permits Office Chief (AIR-3),
U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street,
San Francisco, CA 94105-3901 or e-mail to rios.gerardo@epa.gov.
Comments may also be submited at http://www.regulations.gov.
You can inspect copies of the submitted rule revisions, EPA's
technical support documents (TSDs), and public comments at our Region
IX office during normal business hours by appointment.
FOR FURTHER INFORMATION CONTACT: Kathleen Stewart, EPA Region IX, (415)
947-4119, stewart.kathleen@epa.gov.
SUPPLEMENTARY INFORMATION:
I. The Part 70 Operating Permits Program
A. What is the part 70 operating permits program?
B. What is the Federal approval process for revisions to an
operating permits program?
C. What does Federal approval of State revisions mean to me?
II. This Action
A. What revisions are being approved?
B. Have the requirements for approval been met?
C. Public comment and final action.
III. Statutory and Executive Order Reviews
I. The Part 70 Operating Permits Program
A. What Is the Part 70 Operating Permits Program?
The Clean Air Act Amendments (CAA) of 1990 require all states to
develop an operating permits program that meets federal criteria listed
in 40 Code of Federal Regulations (CFR) part 70. In implementing this
program, the states are to require certain sources of air pollution to
obtain permits that contain all applicable requirements under the CAA.
One purpose of the part 70 operating permits program (also known as a
Title V program) is to improve enforcement by issuing each source a
single permit that consolidates all of the applicable CAA requirements
into a federally-enforceable document. By consolidating all of the
applicable requirements for a facility into one document, the source,
the public, and the permitting authorities can more easily determine
what CAA requirements apply and how compliance with those requirements
is determined.
B. What Is the Federal Approval Process for Revisions to an Operating
Permits Program?
In order for state regulations to be incorporated into the
federally-enforceable part 70 operating permits program, states must
formally adopt regulations consistent with state and federal
requirements. Once a state regulation is adopted, the state submits it
to the EPA for inclusion into the approved operating permits program.
The EPA must provide public notice and seek additional public comment
regarding the proposed federal action on the state submission. If
adverse comments are received, they must be addressed prior to any
final federal action by EPA.
C. What Does Federal Approval of State Revisions Mean to Me?
Enforcement of a state regulation is primarily a state
responsibility both before and after incorporation into the federal
program. However, after a state regulation has been federally approved,
the EPA is authorized to take enforcement action against violators, and
under section 304 of the CAA, citizens are authorized to take civil
action to address violations. In addition, federal approval of state
regulations ensures that the state program is consistent with federal
requirements.
II. This Action
A. What Revisions Are Being Approved?
EPA has requested that each permitting authority periodically
submit any revised part 70 rules for approval as a revision to their
approved part 70 program. In a letter dated August 19, 2003, San Diego
County Air Pollution Control District requested that EPA approve
revisions to Rules 1401(c); 1410(i), (j), (l), and (q); 1418(b), (c),
and (e); 1415 (a); 1421(a) and (b); and 1425(a) and (b). A complete
listing of each rule change is contained in the technical support
document which is a part of the docket for this action and which is
available from the EPA contact above. A few of the rule revisions which
may be of interest, however, are discussed here. The remaining
revisions are administrative in nature and do not change the
substantive requirements of the rule.
Rule 1401(c): The District added language to exclude non-road
engines from the definition for major stationary source; added a
definition for non-road engine by reference to 40 CFR part 89; changed
the major source threshold for VOCs and NOX from 50 tons per
year (tpy) to 100 tpy in response to the redesignation of San Diego
County as in attainment of the federal one-hour ozone standard (see 68
FR 37976, June 26, 2003); and clarified the role of fugitive emissions
in determining if a source is major.
[[Page 74872]]
Rule 1410(j): The District clarified the requirements needed to
qualify for a minor permit modification and clarified that the time
frame for action applies to complete applications.
Rule 1410(l): The District clarified the requirements for making
section 502(b)(10) changes under Title V of the Clean Air Act, added
requirements to notify the federal EPA of such changes, shortened the
time period for notifying the Air Pollution Control Officer (APCO) and
the federal EPA of such changes from 45 to 7 days, shortened the time
period for the APCO and the federal EPA to object to such changes from
45 to 7 days, added provisions for incorporating changes into the
permit, and added language requiring that any Title V monitoring or
compliance certifications be based on the changed characteristic(s).
Rule 1410(q): The District added language expanding compliance plan
requirements, clarifying the requirements for processing applications
for minor or significant permit modifications using the Administrative
Permit Amendment procedures in Rule 1410(i); shortened the public
review and comment period from 45 to 30 days; added language committing
the APCO to consider and respond to only those comments which are
relevant to the permit review and appropriate for public comment; and
clarified under what conditions the applicant may commence operation.
Rule 1415(a): The District shortened the period for public notice
and comment from 45 to 30 days.
Rule 1418(c): In order to allow time for an appeal to the Hearing
Board, the District increased the time period allowed for delay in the
submission of decisions on permits to operate and appeals to the
federal EPA from 10 to 30 days after notice has been provided to the
applicant.
Rule 1418 (e): The District has added language to allow 30 days
following the end of EPA review to address comments.
Rule 1421(b): The District clarified that the reports that must be
maintained for at least five years and submitted to the District are
monitoring reports.
B. Have the Requirements for Approval Been Met?
Our review of the material submitted indicates that the District
has amended rules for the Title V program in accordance with the
requirements of section 502 of the CAA and the federal rule, 40 CFR
part 70, and has met the requirement for a program revision as
established in 40 CFR 70.4(i).
C. Public Comment and Final Action
EPA is fully approving the revisions to San Diego County's part 70
operating permits program because we believe they are consistent with
Title V of the Clean Air Act and 40 CFR part 70. We are processing this
action as a direct final action because the revisions to the existing
rules are noncontroversial. Therefore, we do not think anyone will
object to this approval. 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 January 28, 2004, 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 February 27,
2004. 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 Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing state operating permits programs submitted pursuant to
Title V of the CAA, EPA will approve state programs provided that they
meet the criteria of the Clean Air Act. In this context, in the absence
of a prior existing requirement for the State to use voluntary
consensus standards (VCS), EPA has no authority to disapprove a SIP
submission for failure to use VCS. It would thus be inconsistent with
applicable law for EPA, when it reviews a SIP submission, to use VCS in
place of a SIP submission that otherwise satisfies the provisions of
the Clean Air Act. Thus, the requirements of section 12(d) of the
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272
note) do not apply. This rule does not impose an information collection
burden under the provisions of the Paperwork Reduction Act of 1995 (44
U.S.C. 3501 et seq.).
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 rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and 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.
[[Page 74873]]
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 February 27, 2004. 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 70
Environmental protection, Administrative practice and procedure,
Air pollution control, Intergovernmental relations, Operating permits,
Reporting and recordkeeping requirements.
Dated: December 15, 2003.
Keith Takata,
Acting Regional Administrator, Region IX.
0
Part 70, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 70--[AMENDED]
0
1. The authority citation for part 70 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Appendix A to Part 70 is amended by adding under ``California''
paragraph (x)(5) to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
California
* * * * *
(x) * * *
(5) Revisions were submitted on August 19, 2003, effective
February 27, 2004.
* * * * *
[FR Doc. 03-31872 Filed 12-24-03; 8:45 am]
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