[Federal Register: January 16, 2004 (Volume 69, Number 11)]
[Rules and Regulations]
[Page 2511-2513]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr16ja04-12]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 70
[CA 111-OPPa; FRL-7611-2]
Clean Air Act Full Approval of the Title V Operating Permit
Program for Antelope Valley Air Pollution Control District in
California
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action to fully approve the
operating permit program submitted by the California Air Resources
Board (CARB) on behalf of Antelope Valley Air Pollution Control
District (Antelope Valley APCD or the District). The operating permit
program was submitted in response to the directive in the 1990 Clean
Air Act (CAA) Amendments that permitting authorities develop, and
submit to EPA, programs for issuing operating permits to all major
stationary sources and to certain other sources within the permitting
authority's jurisdiction. EPA granted final interim approval to the
District's operating permit program on December 19, 2000 (65 FR 79314).
Of the three deficiencies noted by EPA, two were corrected by Antelope
Valley APCD in a timely manner. The third deficiency was resolved on
September 22, 2003, when the Governor of California signed SB 700,
revising State law by removing the agricultural permitting exemption.
Though interim approval of the District's operating permit program
expired on January 21, 2003, and EPA consequently implemented a federal
operating permit program for Antelope Valley APCD, all three
deficiencies are now resolved. Therefore, EPA is approving the
District's operating permit program.
DATES: This operating permit program is effective on March 16, 2004,
without further notice, unless EPA receives adverse comments by
February 17, 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: Written comments on this action may be submitted either by
mail or electronically. By mail, comments should be addressed to
Gerardo Rios, Permits Office Chief, Air Division (AIR-3), EPA Region
IX, 75 Hawthorne Street, San Francisco, California, 94105.
Electronically, comments should be sent by e-mail to
rios.gerardo@epa.gov, or submitted at http://www.regulations.gov.
[[Page 2512]]
You can inspect copies of the program submittals, and other
supporting documentation relevant to this action, at our Region IX
office during normal business hours by appointment.
FOR FURTHER INFORMATION CONTACT: Gerardo Rios, EPA Region IX, at (415)
972-3974 or rios.gerardo@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us,'' or
``our'' means EPA.
Table of Contents
I. Background
II. Description of Today's Action
III. Effect of Today's Action
IV. Public Comment and Final Action
V. Statutory and Executive Order Reviews
I. Background
Title V of the Clean Air Act (CAA or Act) required all state
permitting authorities to develop operating permit programs that met
certain federal criteria codified at 40 Code of Federal Regulations
(CFR) part 70. On December 19, 2000, EPA granted final interim approval
of Antelope Valley APCD's title V operating permit program. The
District resolved two of the three deficiencies in a timely manner
(submittal dates of October 22, 2001, and June 17, 2002). However,
because the third deficiency involved EPA's finding that the State's
agricultural permitting exemption at Health and Safety Code Section
42310(e) unduly restricted the District's ability to adequately
administer and enforce its title V program, Antelope Valley APCD was
not able to resolve all deficiencies prior to the expiration of interim
approval on January 21, 2003. As a result, EPA began implementation of
the part 71 program for all major stationary sources in Antelope Valley
APCD, effective January 21, 2003. The three program deficiencies are
described in detail in the proposed rulemaking for interim approval of
the District's title V program. See 65 FR 17231 (March 31, 2000).
II. Description of Today's Action
We are taking direct final action to approve the operating permit
program of Antelope Valley APCD. As stated in the proposed rulemaking
for interim approval of the District's title V program, two of the
three deficiencies noted by EPA involved District rules: Rule 3006--
Reopening, Reissuance, and Termination of Federal Operating Permits;
and Rule 219--Equipment Not Requiring a Permit. For Rule 3006, a
reference to Rule 3002(E)(2)(b) simply needed to be changed to Rule
3002(E)(2). For Rule 219, the insignificant activity emission cutoff
for a regulated pollutant that is not a HAP needed to be reduced to 2
tons/yr. The required revisions were made to these two rules and
submitted to EPA. Thus, these two deficiencies have been resolved.
The third deficiency involved California State law. Health and
Safety Code Section 42310(e) contained an agricultural permitting
exemption which unduly restricted the District's ability to adequately
administer and enforce its title V program. On September 22, 2003, the
Governor of California signed SB 700, which revised State law to remove
the agricultural permitting exemption. Furthermore, we have received a
legal opinion from the California Attorney General that confirms that
the elimination of the agricultural permitting exemption from State law
provides all local districts with authority to issue title V permits to
major stationary agricultural sources. Therefore, the third deficiency
has also been resolved.
A complete listing of each deficiency, as well as resolution of the
deficiency, 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 (see FOR FURTHER INFORMATION CONTACT section).
III. Effect of Today's Action
Today's action would result in Antelope Valley APCD having a title
V program that requires all major stationary sources, including major
stationary agricultural sources, to obtain title V operating permits.
It would also terminate EPA's implementation of a part 71 federal
operating permit program within Antelope Valley APCD.
Following final interim approval of the District's title V program,
since the District was not able to submit a complete corrective program
for full approval by July 21, 2002, EPA started an 18-month sanctions
clock pursuant to CAA section 179(b), 40 CFR 70.10(a)(ii), and 40 CFR
70.4(f)(2). This sanctions clock was to expire on January 21, 2004.
Today's action would terminate this sanctions clock.
IV. Public Comment and Final Action
EPA is fully approving the District's title V operating permits
program because we believe it is 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 made to the program to resolve the
interim approval deficiencies 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 this same operating permit program. If we receive adverse
comments by February 17, 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 March 16, 2004. Please note that if we
receive adverse comment on an amendment, paragraph, or section of this
program and if that provision may be severed from the remainder of the
program, we may adopt as final those provisions of the program that are
not the subject of an adverse comment.
V. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
final 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 final
action merely proposes to approve state law as meeting Federal
requirements and imposes no additional requirements beyond those
imposed by state law. Accordingly, the Administrator certifies that
this final 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 proposes to approve 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 final 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
[[Page 2513]]
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 proposes to approve an existing
requirement under state law, and does not alter the relationship or the
distribution of power and responsibilities established in the Clean Air
Act. This final 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 revisions to state operating permit programs submitted
pursuant to Title V of the CAA, EPA will approve such revisions
provided that they meet the criteria of the Clean Air Act and EPA's
regulations codified at 40 CFR part 70. 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 part 70
program revision for failure to use VCS. It would thus be inconsistent
with applicable law for EPA, when it reviews a part 70 program
revision, to use VCS in place of a part 70 program revision 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 final
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.).
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: January 6, 2004.
Wayne Nastri,
Regional Administrator, Region IX.
0
40 CFR 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.
0
2. Appendix A to part 70 is amended by adding paragraph (ii) under
California to read as follows:
Appendix A to Part 70--Approval Status of State and Local Operating
Permits Programs
* * * * *
California
* * * * *
(ii) Antelope Valley APCD:
(1) Complete submittal received on January 26, 1999; interim
approval effective January 18, 2001; interim approval expires
January 21, 2003.
(2) Revisions were submitted on October 22, 2001 and June 17,
2002. Due to unresolved deficiency of state-exempt major stationary
agricultural sources, interim approval expired for all major
stationary sources, effective January 21, 2003.
(3) Revision submitted on November 7, 2003 containing program
for major stationary agricultural sources, effective on January 1,
2004.
* * * * *
[FR Doc. 04-1040 Filed 1-15-04; 8:45 am]
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