[Federal Register Volume 62, Number 83 (Wednesday, April 30, 1997)]
[Rules and Regulations]
[Pages 23365-23368]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11158]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 126-0032a FRL-5815-5]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Placer 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 on revisions to the
California State Implementation Plan. The revisions concern rules for
Placer County Air Pollution Control District (PCAPCD or District). This
approval action will incorporate these rules into the federally
approved SIP. The intended effect of approving these rules is to
regulate emissions of volatile organic compounds (VOCs), oxides of
nitrogen (NOx) and other pollutants in accordance with the
requirements of the Clean Air Act, as amended in 1990 (CAA of the Act).
These revisions consist of administrative and minor changes to a wide
range of rules that have been previously incorporated into the
federally approved SIP. Thus, EPA is finalizing the approval of these
revisions into the California SIP 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: This action is effective on June 30, 1997 unless adverse or
critical comments are received by May 30, 1997. If the effective date
is delayed, a timely notice will be published in the Federal Register.
ADDRESSES: Copies of the rule revisions are available for public
inspection at EPA's Region IX office during normal business hours.
Copies of the submitted rule revisions are available for inspection at
the following locations:
Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,
S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Placer County Air Pollution Control District 11464 B Avenue, Auburn, CA
96503
FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1189.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being approved into the California SIP include: PCAPCD
Rule 101, Title; Rule 102, Definitions; Rule 103, Validity; Rule 201,
Coverage; Rule 202, Visible Emissions; Rule 203, Exemptions to Rule
202; Rule 204, Wet Plumes; Rule 208, Orchard or Citrus Heaters; Rule
209, Fossil Fuel-Steam Facility; Rule 210, Specific Contaminants; Rule
211, Process Weight; Rule 213, Gasoline Transfer into Stationary
Storage Containers; Rule 214, Transfer of Gasoline into Tank Trucks,
Trailers and Railroad Cars at Loading Facilities; Rule 217, Cutback and
Emulsified Asphalt Paving Materials; Rule 219, Organic Solvents; Rule
220, Abrasive Blasting; Rule 221, Compliance Tests; Rule 222, Reduction
of Animal Matter; Rule 225, Wood Fired Appliances; Rule 226, Sulfur
Content of Fuels--Lake Tahoe Basin; Rule 228, Fugitive Dust--Lake Tahoe
Air Basin; Rule 406, Combination of Emissions; Rule 407, Circumvention;
and Rule 408, Source Recordkeeping and Reporting. These rules were
submitted by the California Air Resources Board to EPA on November 30,
1994.
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 Act or pre-amended Act), that included the Placer County Air
Pollution Control District. 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 Act, that the PCAPCD portions of the California SIP
were inadequate to attain and maintain the ozone standard and requested
that deficiencies in the existing SIP be corrected (EPA's SIP Call). In
response to the SIP call and other requirements, the PCAPCD submitted
many rules for the Lake Tahoe, Mountain Counties, and Sacramento Valley
Air Basins, which EPA approved into the SIP. On October 19, 1993,
California consolidated the Lake Tahoe, Mountain Counties and
Sacramento Valley Air Basins within the PCAPCD. Also on October 19,
1993, the District adopted many rules that reformatted and consolidated
rules from the three subsumed air basins. The
[[Page 23366]]
revised rules consolidate the District rules into a single set of
regulations applicable throughout the District.
This notice addresses EPA's direct-final action for the following
PCAPCD rules: Rule 101, Title; Rule 102, Definitions; Rule 103,
Validity; Rule 201, Coverage; Rule 202, Visible Emissions; Rule 203,
Exemptions to Rule 202; Rule 204, Wet Plumes; Rule 208, Orchard or
Citrus Heaters; Rule 209, Fossil Fuel-Steam Facility; Rule 210,
Specific Contaminants; Rule 211, Process Weight; Rule 213, Gasoline
Transfer into Stationary Storage Containers; Rule 214, Transfer of
Gasoline into Tank Trucks, Trailers and Railroad Cars at Loading
Facilities; Rule 217, Cutback and Emulsified Asphalt Paving Materials;
Rule 219, Organic Solvents; Rule 220, Abrasive Blasting; Rule 221,
Compliance Tests; Rule 222, Reduction of Animal Matter; Rule 225, Wood
Fired Appliances; Rule 226, Sulfur Content of Fuels--Lake Tahoe Basin;
Rule 228, Fugitive Dust--Lake Tahoe Air Basin; Rule 406, Combination of
Emissions; Rule 407, Circumvention; and Rule 408, Source Recordkeeping
and Reporting.
These rules were adopted by PCAPCD on October 19, 1993 and
submitted by the State of California for incorporation into its SIP on
November 30, 1994. These rules were found to be complete on January 30,
1995, pursuant to EPA's completeness criteria that are set forth in 40
CFR part 51 Appendix V 1 and are being finalized for
approval into the SIP. These rules were originally adopted as part of
PCAPCD's efforts to achieve the National Ambient Air Quality Standards
(NAAQS) for ozone and in response to EPA's SIP-Call and the section
182(a)(2)(A) CAA requirement.
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\1\ 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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The following is EPA's evaluation and final action for these rules.
EPA Evaluation and Action
In determining the approvability of a 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). The EPA interpretation of these requirements
appears in various EPA policy guidance documents.2
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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).
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EPA previously reviewed many rules from the Lake Tahoe, Mountain
Counties and Sacramento Valley Air Basins and incorporated them into
the federally approved SIP pursuant to section 110(k)(3) of the CAA.
Those rules that are being superseded and/or deleted 3 by
today's action are as follows:
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\3\ Listed rules are superseded unless designated as deleted.
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Lake Tahoe Air Basin
Rule 101 Title, submitted 08/21/79
Rule 102, Definitions, submitted 08/21/79
Rule 103, Validity, submitted 08/21/79
Rule 104, Effective Date, submitted 08/21/79 (deleted)
Rule 201, Coverage, submitted 08/21/79
Rule 202, Visible Emissions, submitted 08/21/79
Rule 203, Exception to Rule 202, submitted 08/21/79
Rule 204, Wet Plumes, submitted 08/21/79
Rule 208, Fugitive Dust, submitted 08/21/79
Rule 209, Sulfur Content of Fuels, submitted 08/21/79
Rule 210, Specific Contaminants, submitted 08/21/79
Rule 211, Process Weight, submitted 08/21/79
Rule 213, Gasoline Transfer Into Stationary Storage
Containers, submitted 08/21/79
Rule 217, Compliance Tests, submitted 08/21/79
Rule 406, Combination of Emission, submitted 01/10/75
Rule 407, Circumvention, submitted 10/13/77
Rule 408, Source Recordkeeping, submitted 10/13/77
Mountain Counties Air Basin
Rule 101 Title, submitted 08/12/86
Rule 102, Definitions, submitted 02/10/86 and 05/28/81
Rule 103, Validity, submitted 10/13/77
Rule 104, Effective Date, submitted 10/15/79 (deleted)
Rule 201, Coverage, submitted 08/12/86
Rule 202, Visible Emissions, submitted 01/10/75
Rule 203, Exception to Rule 202, submitted 05/28/81
Rule 204, Wet Plumes, submitted 01/10/75
Rule 208, Fugitive Dust, submitted 10/13/77
Rule 209, Fossil Fuel-Steam Generator Facility, submitted 01/
10/75
Rule 210, Specific Contaminants, submitted 10/13/77
Rule 211, Process Weight, submitted 05/28/81
Rule 213, Gasoline Transfer Into Stationary Storage Container,
submitted 04/05/91
Rule 214, Transfer of Gasoline Into Vehicle Fuel Tanks,
submitted 05/28/81
Rule 217, Cutback and Emulsified Asphalt Paving Materials,
submitted 04/05/91
Rule 219, Organic Solvents, submitted 10/15/79
Rule 220, Abrasive Blasting, submitted 10/15/79
Rule 221, Compliance Tests, submitted 10/15/79
Rule 222, Reduction of Animal Matter, submitted 10/15/79
Rule 225, Wood Fired Appliances, submitted 11/21/86
Rule 406, Combination of Emissions, submitted 01/10/75
Rule 407, Circumvention, submitted 10/13/77
Rule 408, Source Recordkeeping and Reporting, submitted 10/13/
77
Sacramento Valley Air Basin
Rule 101 Title, submitted 10/13/77
Rule 102, Definitions, submitted 10/13/77
Rule 103, Validity, submitted 10/13/77
Rule 201, District-Wide Coverage, submitted 01/10/75
Rule 202, Visible Emissions, submitted 01/10/75
Rule 203, Exception, submitted 01/10/75
Rule 204, Wet Plumes, submitted 01/10/75
Rule 208, Orchard or Citrus Heaters, submitted 10/13/77
Rule 209, Fossil Fuel-Steam Generator Facility, submitted 01/
10/75
Rule 213, Reduction of Animal Matter, submitted 10/13/77
Rule 407, Circumvention, submitted 10/13/77
Rule 408, Source Recordkeeping and Reporting, submitted 10/13/
77
EPA has evaluated the consolidated PCAPCD rules submitted in
November 1994 and compared them to the rules currently incorporated in
the SIP. In all cases the rules have been reformatted and changed
editorially. In some cases there have also been minor substantive
improvements. For example, where the three subsumed air basins had
slightly different requirements for similar sources, the consolidated
rule now
[[Page 23367]]
applies the most stringent of the requirements to the entire area. In
no case does this action represent a relaxation of any requirement.
The PCAPCD rules being approved by this action to revise the SIP
include:
Rule 101 Title
Rule 102 Definitions
Rule 103 Validity
Rule 201 Coverage
Rule 202 Visible Emissions
Rule 203 Exemptions to Rule 202
Rule 204 Wet Plumes
Rule 208 Orchard or Citrus Heaters
Rule 209 Fossil Fuel-Steam Facility
Rule 210 Specific Contaminants
Rule 211 Process Weight
Rule 213 Gasoline Transfer into Stationary Storage Containers
Rule 214, Transfer of Gasoline into Tank Trucks, Trailers and
Railroad Cars at Loading Facilities
Rule 217, Cutback and Emulsified Asphalt Paving Materials
Rule 219, Organic Solvents
Rule 220, Abrasive Blasting
Rule 221, Compliance Tests
Rule 222, Reduction of Animal Matter
Rule 225, Wood Fired Appliances
Rule 226, Sulfur Content of Fuels--Lake Tahoe Basin
Rule 228, Fugitive Dust--Lake Tahoe Air Basin
Rule 406, Combination of Emissions
Rule 407, Circumvention
Rule 408, Source Recordkeeping and Reporting
Other PCAPCD rules submitted with these rules on November 30, 1994,
will be acted on separately because they involve technical issues and
require more detailed review.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future 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.
EPA is publishing this document without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in a separate document in this Federal
Register publication, the EPA is proposing to approve the SIP revision
should adverse or critical comments be filed. This action will be
effective June 30, 1997, unless, by May 30, 1997, adverse or critical
comments are received.
If the EPA receives such comments, this action will be 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 based on this action serving as a
proposed rule. The EPA will not institute a second comment period on
this action. Any parties interested in commenting on this action should
do so at this time. If no such comments are received, the public is
advised that this action will be effective June 30, 1997.
Regulatory Flexibility
Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA
must prepare a regulatory flexibility analysis assessing the impact of
any proposed or final rule on small entities. 5 U.S.C. 603 and 604.
Alternatively, EPA may certify that the rule will not have a
significant impact on a substantial number of small entities. Small
entities include small businesses, small not-for-profit enterprises and
government entities with jurisdiction over population of less than
50,000.
SIP approvals under sections 110 and 301(a) and subchapter I, Part
D of the CAA do not create any new requirements, but simply approve
requirements that the State is already imposing. Therefore, because the
Federal SIP-approval does not impose any new requirements, I certify
that it does not have a significant impact on any small entities
affected. Moreover, due to the nature of the Federal-state relationship
under the CAA, preparation of a regulatory flexibility analysis would
constitute Federal inquiry into the economic reasonableness of state
action. The CAA forbids EPA to base its actions concerning SIPs on such
grounds. Union Electric Co. versus U.S. E.P.A., 427 U.S. 246, 256-66
(S. Ct. 1976); 42 U.S.C. 7410 (a)(2).
Unfunded Mandates
Under Sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local, and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. The rules being approved by this action will impose no
new requirements because affected sources are already subject to these
regulations under State law. Therefore, no additional costs to State,
local, or tribal governments or to the private sector result from this
action. EPA has also determined that this [proposed or final] action
does not include a mandate that may result in estimated costs of $100
million or more to State, local, or tribal governments in the aggregate
or to the private sector.
Small Businesses
Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business
Regulatory Enforcement Fairness Act of 1996, EPA submitted a report
containing this action and other required information to the U.S.
Senate, the U.S. House of Representatives and the Comptroller General
of the General Accounting Office prior to publication of this action in
today's Federal Register. This action is not a ``major action'' as
defined by 5 U.S.C. 804(2).
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures California State
Implementation Plan--Page 13 or 14 published in the Federal Register on
January 19, 1989 (54 FR 2214-2225), as revised by a July 10, 1995
memorandum from Mary Nichols, Assistant Administrator for Air and
Radiation. The Office of Management and Budget (OMB) has exempted this
regulatory action from Executive Order 12866 review.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Reporting and recordkeeping requirements, Volatile organic compounds.
Note: Incorporation by reference of the State Implementation
Plan for the State of California was approved by the Director of the
Federal Register on July 1, 1982.
Dated: April 14, 1997.
Felicia Marcus,
Regional Administrator.
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
1. The authority citation for Part 52 continues to read as follows:
Authority: 42 U.S.C. 7401-7671q.
[[Page 23368]]
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c)(52)(xiii)(E),
(80)(i)(D), and (207)(i)(A)(2)to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(52) * * *
(xiii) * * *
(E) Previously approved and now deleted, Rule 104.
* * * * *
(80) * * *
(i) * * *
(D) Previously approved and now deleted, Rule 104.
* * * * *
(207) * * *
(i) * * *
(A) * * *
(2) Rules 101, 102, 103, 201, 202, 203, 204, 208, 209, 210, 211,
213, 214, 217, 219, 220, 221, 222, 225, 226, 228, 406, 407, and 408,
adopted on October 19, 1993; deletion of 104 for Lake Tahoe Air Basin
and Mountain Counties Air Basin submitted 08/21/79 and 10/15/79,
respectively.
* * * * *
[FR Doc. 97-11158 Filed 4-29-97; 8:45 am]
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