[Federal Register: May 18, 2004 (Volume 69, Number 96)]
[Rules and Regulations]
[Page 28061-28062]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr18my04-9]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA269-0452; FRL-7659-8]
Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing approval of revisions to the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) portion of the
California State Implementation Plan (SIP). These revisions were
proposed in the Federal Register on February 12, 2004, and concern
oxides of nitrogen (NOX) emissions from boilers, steam
generators, and process heaters; stationary internal combustion
engines; and stationary gas turbines. We are approving local rules that
regulate these emission sources under the Clean Air Act as amended in
1990 (CAA or the Act).
EFFECTIVE DATE: This rule is effective on June 17, 2004.
ADDRESSES: You can inspect copies of the administrative record for this
action at EPA's Region IX office during normal business hours by
appointment. You can inspect copies of the submitted SIP revisions by
appointment at the following locations:
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105-3901.
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-102, 1301 Constitution Avenue, NW. (Mail Code
6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
San Joaquin Valley Unified Air Pollution Control District, 1990 E.
Gettysburg Avenue, Fresno, CA 93726.
A copy of the rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm.
Please be advised that this is not
an EPA Web site and may not contain the same version of the rule that
was submitted to EPA.
FOR FURTHER INFORMATION CONTACT: Thomas C. Canaday, EPA Region IX,
(415) 947-4121, canaday.tom@epa.gov.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
I. Proposed Action
On February 12, 2004 (69 FR 7098), EPA proposed to approve the
following rules into the California SIP.
Table 1.--Submitted Rule
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Rule
Local agency Rule title Adopted Submitted
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SJVUAPCD.............................. 4351 Boilers, Steam Generators, 08/21/03 09/29/03
and Process Heaters--Phase 1.
SJVUAPCD.............................. 4305 Boilers, Steam Generators, 08/21/03 09/29/03
and Process Heaters--Phase 2.
SJVUAPCD.............................. 4306 Boilers, Steam Generators, 09/18/03 09/29/03
and Process Heaters--Phase 3.
SJVUAPCD.............................. 4701 Internal Combustion Engines-- 08/21/03 10/09/03
Phase 1.
SJVUAPCD.............................. 4702 Internal Combustion Engines-- 08/21/03 10/09/03
Phase 2.
SJVUAPCD.............................. 4703 Stationary Gas Turbines...... 04/25/02 06/18/02
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We proposed to approve these rules because we determined that they
complied with the relevant CAA requirements. Our proposed action
contains more information on the rules and our evaluation.
II. Public Comment and EPA Response
EPA's proposed action provided a 30-day public comment period.
During this period, we received comments from the following party.
1. David R. Farabee, Pillsbury Winthrop L.L.P. (comments submitted
on behalf of the Western States Petroleum Association); letter dated
and hand-delivered March 12, 2004.
The comment and our response are summarized below.
Comment #1: The commenter requests clarification of the following
statement we made in the proposed rule in connection with the Westside
exemption: ``In any event, the past issue of whether the Westside
exemption was inconsistent with both ozone and PM-10 planning
requirements or simply PM-10 (and not ozone) planning requirements has
become moot in light of the need for additional NOX
emissions reductions throughout San Joaquin Valley for both PM-10 and
ozone planning purposes'' (emphasis added). See 69 FR 7098, at 7100,
column 1 (February 12, 2004).
Response #1: By the above statement, we simply intended to restate
our conclusion that a regional exemption from NOX emission
control requirements, such as the Westside exemption, was not
approvable under the Act. We did not intend to prejudge future SIP
submittals that provide for additional emissions reductions in San
Joaquin Valley that are needed to attain the ozone and PM-10 NAAQS.
III. EPA Action
No comments were submitted that change our assessment that the
submitted rules comply with the relevant CAA requirements. Therefore,
as authorized in section 110(k)(3) of the
[[Page 28062]]
Act, EPA is fully approving these rules into the California SIP.
IV. 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 (Pub. L. 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 state rules
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 SIP submissions, EPA's role is to approve state
choices, 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. 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 July 19, 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 52
Environmental protection, Air pollution control, Incorporation by
reference, Intergovernmental relations, Nitrogen dioxide, Ozone,
Reporting and recordkeeping requirements.
Dated: April 28, 2004.
Deborah Jordan,
Acting Regional Administrator, Region IX.
0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraphs (c)(300) (i)(D)(1),
(c)(325), and (c)(326) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(300) * * *
(i) * * *
(D) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4703 adopted on April 25, 2002.
* * * * *
(325) Amended regulations for the following APCD were submitted on
September 29, 2003, by the Governor's Designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 4305 and 4351 adopted on August 21, 2003, and Rule 4306
adopted on September 18, 2003.
(326) Amended regulations for the following APCD were submitted on
October 9, 2003, by the Governor's Designee.
(i) Incorporation by reference.
(A) San Joaquin Valley Unified Air Pollution Control District.
(1) Rules 4701 and 4702 adopted on August 21, 2003.
[FR Doc. 04-11114 Filed 5-17-04; 8:45 am]
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