[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Proposed Rules]
[Pages 818-820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 211-0117; FRL-6212-1]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Proposed rule.
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SUMMARY: EPA is proposing to approve revisions to the California State
Implementation Plan (SIP) which concern the control of volatile organic
compound (VOC) emissions from municipal solid waste landfills.
The intended effect of proposing approval of this rule is to
regulate emissions of VOCs in accordance with the requirements of the
Clean Air Act, as amended in 1990 (CAA or the Act). EPA's final action
will incorporate this rule into the federally approved SIP. In
addition, final action on this rule will serve as a final determination
that deficiencies in the rule (identified by EPA in a limited approval/
limited disapproval action on May 6, 1997) have been corrected and that
any sanctions or Federal Implementation Plan (FIP) obligations are
permanently stopped. An Interim Final Determination published in
today's Federal Register will defer the imposition of sanctions until
EPA takes final action. EPA has evaluated the rule and is proposing to
approve the rule 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: Comments must be received on or before February 5, 1999.
ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901.
Copies of the rule and EPA's evaluation report of the rule are
available for public inspection at EPA's Region IX office during normal
business hours. Copies of the submitted rule are also available for
inspection at the following locations:
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1188.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rule being proposed for approval into the California SIP is
South Coast Air Quality Management District (SCAQMD) Rule 1150.1,
Control of Gaseous Emissions from Municipal Solid Waste Landfills. This
rule was submitted by the California Air Resources Board (CARB) to EPA
on June 23, 1998. This Federal Register action for the SCAQMD excludes
the Los Angeles County portion of the Southeast Desert AQMA, otherwise
known as the Antelope Valley Region in Los Angeles County, which is now
under the jurisdiction of the Antelope Valley Air Pollution Control
District as of July 1, 1997.1
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\1\ The State has recently changed the names and boundaries of
the air basins located within the Southeast Desert Modified AQMA.
Pursuant to State regulation the Coachella-San Jacinto Planning Area
is now part of the Salton Sea Air Basin (17 Cal. Code Reg.
Sec. 60114); the Victor Valley/Barstow region in San Bernardino
County and Antelope Valley region in Los Angeles County is a part of
the Mojave Desert Air Basin (17 Cal. Code Reg. Sec. 60109). In
addition, in 1996 the California Legislature established a new local
air agency, the Antelope Valley Air Pollution Control District, to
have the responsibility for local air pollution planning and
measures in the Antelope Valley region (California Health & Safety
Code Sec. 40106).
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II. Background
On March 3, 1978, EPA promulgated a list of ozone nonattainment
areas under the provisions of the Clean Air Act, as amended in 1977
(1977 CAA or pre-amended Act), that included the Los Angeles-South
Coast Air Basin Area. 43 FR 8964; 40 CFR 81.305. On May 26, 1988, EPA
notified the Governor of California, pursuant to section 110(a)(2)(H)
of the pre-amended Act, that the SCAQMD's portion of the California SIP
was inadequate to attain and maintain the ozone standard and requested
that deficiencies in the existing SIP be corrected (EPA's SIP-Call). On
November 15, 1990, the Clean Air Act Amendments of 1990 were enacted.
Pub. L. 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In
amended section 182(a)(2)(A) of the CAA, Congress statutorily adopted
the requirement that nonattainment areas fix their deficient reasonably
available control technology (RACT) rules for ozone and established a
deadline of May 15, 1991 for states to submit corrections of those
deficiencies.
Section 182(a)(2)(A) applies to areas designated as nonattainment
prior to enactment of the amendments and classified as marginal or
above as of the date of enactment. It requires such areas to adopt and
correct RACT rules pursuant to pre-amended section 172(b) as
interpreted in pre-amendment guidance.2 EPA's SIP-Call used
that
[[Page 819]]
guidance to indicate the necessary corrections for specific
nonattainment areas. The Los Angeles-South Coast Air Basin Area is
classified as extreme; 3 therefore, this area was subject to
the RACT fix-up requirement and the May 15, 1991 deadline.
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\2\ Among other things, the pre-amendment guidance consists of
those portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues
Relating to VOC Regulation Cutpoints, Deficiencies, and Deviations,
Clarification to Appendix D of November 24, 1987 Federal Register
Notice'' (Blue Book) (notice of availability was published in the
Federal Register on May 25, 1988); and the existing control
technique guidelines (CTGs).
\3\ The Los Angeles-South Coast Air Basin Area retained its
designation of nonattainment and was classified by operation of law
pursuant to sections 107(d) and 181(a) upon the date of enactment of
the CAA. See 56 FR 56694 (November 6, 1991).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on June 23, 1998, including the rule being
acted on in this document. This document addresses EPA's proposed
action for SCAQMD Rule 1150.1, Control of Gaseous Emissions from
Municipal Solid Waste Landfills. SCAQMD adopted Rule 1150.1 on April
10, 1998. This submitted rule was found to be complete on August 25,
1998 pursuant to EPA's completeness criteria that are set forth in 40
CFR part 51 Appendix V 4 and is being proposed for approval
into the SIP.
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\4\ EPA adopted the completeness criteria on February 16, 1990
(55 FR 5830) and, pursuant to section 110(k)(1)(A) of the CAA,
revised the criteria on August 26, 1991 (56 FR 42216).
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Rule 1150.1 controls the emissions of VOCs from municipal solid
waste landfills. VOCs contribute to the production of ground-level
ozone and smog. The rule was adopted as part of SCAQMD's efforts to
achieve the National Ambient Air Quality Standard (NAAQS) for ozone and
in response to EPA's SIP-Call and the section 182(a)(2)(A) CAA
requirement. The following is EPA's evaluation and proposed action for
the rule.
III. EPA Evaluation and Proposed Action
In determining the approvability of a VOC rule, EPA must evaluate
the rule for consistency with the requirements of the CAA and EPA
regulations, as found in section 110 and Part D of the CAA and 40 CFR
Part 51 (Requirements for Preparation, Adoption, and Submittal of
Implementation Plans). EPA's interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 2. Among those provisions
is the requirement that a VOC rule must, at a minimum, provide for the
implementation of RACT for stationary sources of VOC emissions. This
requirement was carried forth from the pre-amended Act.
For the purpose of assisting state and local agencies in developing
RACT rules, EPA prepared a series of Control Technique Guideline (CTG)
documents. The CTGs are based on the underlying requirements of the Act
and specify the presumptive norms for what is RACT for specific source
categories. Under the CAA, Congress ratified EPA's use of these
documents, as well as other Agency policy, for requiring States to
``fix-up'' their RACT rules. See section 182(a)(2)(A). For source
categories that do not have an applicable CTG (such as municipal solid
waste landfills), state and local agencies may determine what controls
are required by reviewing the operation of facilities subject to the
regulation and evaluating regulations for similar sources in other
areas.
Further interpretations of EPA policy are found in the Blue Book,
referred to in footnote 2. In general, these guidance documents have
been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
On May 6, 1997, EPA published a limited approval and a limited
disapproval of Rule 1150.1, Control of Gaseous Emissions from Active
Landfills, that had been adopted by SCAQMD on April 5, 1985 and Rule
1150.2, Control of Gaseous Emissions from Inactive Landfills, that had
been adopted by SCAQMD on October 18, 1985. (62 FR 24574) The limited
approval action incorporated these rules into the SIP despite
deficiencies in the rules that precluded full approval. SCAQMD's
submitted Rule 1150.1, Control of Gaseous Emissions from Municipal
Solid Waste Landfills, is intended to replace both rules and contains
the following significant changes from the current SIP:
Deletes provisions providing for director's discretion in
violation of CAA section 110(i)
Adds specific criteria for landfill gas collection and
control system
Adds specific exemption criteria
Adds EPA-approved test methods and monitoring protocol
Adds adequate recordkeeping requirements
Increases records retention period from two to five years
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
SCAQMD Rule 1150.1, Control of Gaseous Emissions from Municipal Solid
Waste Landfills, is being proposed for approval under section 110(k)(3)
of the CAA as meeting the requirements of section 110(a) and Part D.
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.
IV. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order (E.O.) 12866, Regulatory
Planning and Review.
B. Executive Order 12875
Under E.O. 12875, Enhancing the Intergovernmental Partnership, EPA
may not issue a regulation that is not required by statute and that
creates a mandate upon a State, local or tribal government, unless the
Federal government provides the funds necessary to pay the direct
compliance costs incurred by those governments, or EPA consults with
those governments. If EPA complies by consulting, E.O. 12875 requires
EPA to provide to the OMB a description of the extent of EPA's prior
consultation with representatives of affected State, local and tribal
governments, the nature of their concerns, copies of any written
communications from the governments, and a statement supporting the
need to issue the regulation. In addition, E.O. 12875 requires EPA to
develop an effective process permitting elected officials and other
representatives of State, local and tribal governments ``to provide
meaningful and timely input in the development of regulatory proposals
containing significant unfunded mandates.'' Today's rule does not
create a mandate on State, local or tribal governments. The rule does
not impose any enforceable duties on these entities. Accordingly, the
requirements of section 1(a) of E.O. 12875 do not apply to this rule.
C. Executive Order 13045
Protection of Children from Environmental Health Risks and Safety
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is
determined to be ``economically significant'' as defined under E.O.
12866, and (2) concerns an environmental health or safety risk that EPA
has reason to believe may have a disproportionate effect on children.
If the regulatory action meets both criteria, the Agency must evaluate
the environmental health or safety effects of the planned rule on
children, and explain why the planned regulation is preferable to other
potentially effective
[[Page 820]]
and reasonably feasible alternatives considered by the Agency. This
rule is not subject to E.O. 13045 because it is does not involve
decisions intended to mitigate environmental health or safety risks.
D. Executive Order 13084
Under E.O. 13084, Consultation and Coordination with Indian Tribal
Governments, EPA may not issue a regulation that is not required by
statute, that significantly or uniquely affects the communities of
Indian tribal governments, and that imposes substantial direct
compliance costs on those communities, unless the Federal government
provides the funds necessary to pay the direct compliance costs
incurred by the tribal governments, or EPA consults with those
governments. If EPA complies by consulting, E.O. 13084 requires EPA to
provide to the OMB, in a separately identified section of the preamble
to the rule, a description of the extent of EPA's prior consultation
with representatives of affected tribal governments, a summary of the
nature of their concerns, and a statement supporting the need to issue
the regulation. In addition, E.O. 13084 requires EPA to develop an
effective process permitting elected officials and other
representatives of Indian tribal governments ``to provide meaningful
and timely input in the development of regulatory policies on matters
that significantly or uniquely affect their communities.'' Today's rule
does not significantly or uniquely affect the communities of Indian
tribal governments. Accordingly, the requirements of section 3(b) of
E.O. 13084 do not apply to this rule.
E. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) generally requires an agency
to conduct a regulatory flexibility analysis of any rule subject to
notice and comment rulemaking requirements unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. Small entities include small
businesses, small not-for-profit enterprises, and small governmental
jurisdictions. This final rule will not have a significant impact on a
substantial number of small entities because SIP approvals under
section 110 and subchapter I, part D of the Clean Air 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
create any new requirements, I certify that this action will not have a
significant economic impact on a substantial number of small entities.
Moreover, due to the nature of the Federal-State relationship under the
Clean Air Act, preparation of flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co., v. U.S. EPA, 427 U.S. 246, 255-66 (1976);
42 U.S.C. 7410(a)(2).
F. Unfunded Mandates
Under section 202 of the Unfunded Mandates Reform Act of 1995
(``Unfunded Mandates Act''), signed into law on March 22, 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
annual costs to State, local, or tribal governments in the aggregate;
or to private sector, of $100 million or more. Under section 205, EPA
must select the most cost-effective and least burdensome alternative
that achieves the objectives of the rule and is consistent with
statutory requirements. Section 203 requires EPA to establish a plan
for informing and advising any small governments that may be
significantly or uniquely impacted by the rule.
EPA has determined that the approval action promulgated does not
include a Federal mandate that may result in estimated annual costs of
$100 million or more to either State, local, or tribal governments in
the aggregate, or to the private sector. This Federal action approves
pre-existing requirements under State or local law, and imposes no new
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements, Volatile organic compound.
Authority: 42 U.S.C. 7401-7671q.
Dated: December 18, 1998.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 99-14 Filed 1-5-99; 8:45 am]
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