[Federal Register Volume 64, Number 139 (Wednesday, July 21, 1999)]
[Rules and Regulations]
[Pages 39037-39040]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-18472]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 226-0159a FRL-6376-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District and Yolo-Solano Air Quality Management 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
California State Implementation Plan. The revisions concern rules from
the following: South Coast Air Quality Management District (SCAQMD) and
Yolo-Solano Air Quality Management District (YSAQMD). 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) in accordance with the
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act).
The revised rules control VOC emissions from organic liquid loading,
pharmaceutical and cosmetics manufacturing operations, and polyester
resin operations. 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 rule is effective on September 20, 1999 without further
notice, unless EPA receives adverse comments by August 20, 1999. If EPA
receives such comment, it will publish a timely withdrawal Federal
Register informing the public that this rule will not take effect.
ADDRESSES: Written comments must be submitted to Andrew Steckel at the
Region IX office listed below. Copies of the rule revisions and EPA's
evaluation report for each rule 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 94105-3901.
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 95812.
South Coast Air Quality Management District, 21865 East Copley Drive,
Diamond Bar, CA 91765.
Yolo-Solano Air Pollution Control District, 1947 Galileo Court, Suite
103, Davis, CA 95616.
FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office, AIR-4,
Air Division, U.S. Environmental Protection Agency, Region IX, 75
Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 744-
1135.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include: SCAQMD
Rule 462, Organic Liquid Loading, SCAQMD rule 1103, Pharmaceuticals and
Cosmetics Manufacturing Operations, and YSAQMD rule 2.30, Polyester
Resin Operations. These rules were submitted by the California Air
Resources Board to EPA on June 3, 1999, May 13, 1999, and June 3, 1999,
respectively.
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 Act or pre-amended Act), that included the South Coast Air Basin
Area (SCABA) and Yolo County and part of Solano County (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 1977 Act, that the above
districts' 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). 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
[[Page 39038]]
pursuant to pre-amended section 172 (b) as interpreted in pre-amendment
guidance.1 EPA's SIP-Call used that guidance to indicate the
necessary corrections for specific nonattainment areas. SCABA, which
includes the SCAQMD, is classified as extreme nonattainment for ozone.
Yolo County and part of Solano County are classified as severe-15
nonattainment for ozone.2 Therefore, these areas were
subject to the RACT fix-up requirement and the May 15, 1991 deadline. u
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\1\ 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).
\2\ SCAQMD and YSAQMD, respectively, retained their designation
of nonattainment and were 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, including the rules being acted on in this
document. This document addresses EPA's direct-final action for SCAQMD
rule 462, Organic Liquid Loading, adopted on May 14, 1999, and found to
be complete on June 24, 1999 pursuant to EPA's completeness criteria
that are set forth in 40 CFR part 51, Appendix V 3 and is
being finalized for approval into the SIP; SCAQMD rule 1103,
Pharmaceuticals and Cosmetics Manufacturing Operations, adopted on
March 12, 1999, and found to be complete on June 10, 1999; and YSAQMD
Rule 2.30, Polyester Resin Operations, adopted on April 14, 1999, and
found to be complete on June 24, 1999.
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\3\ 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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SCAQMD rule 462 is intended to control emissions of VOCs of greater
than 1.5 psia (77.5 mm Hg) from loading into tank trucks, trailers, or
railroad tank cars. SCAQMD Rule 1103 is intended to control VOC
emissions from the manufacture of pharmaceuticals, cosmetics,
antibiotics, vitamins, botanic and biological products, tablets, and
capsules. EPA granted limited approval and limited disapproval to
SCAQMD rules 462 and 1103 on November 13, 1997, 62 FR 60784. Today's
direct final rule approves revisions to these rules, that have been
amended to address the deficiencies identified in the 1997
disapprovals. Any sanctions now in effect as a result of the 1997
action will be terminated on the effective date of this direct final
rule.
YSAQMD rule 2.30 is intended to control VOC emissions from
fabrication operations using polyester resin. EPA proposed limited
approval and limited disapproval of a version of YSAQMD rule 2.30 on
December 8, 1994, 49 FR 63286. This action was never finalized. Today's
direct final rule approves the rule after being corrected for the
deficiencies that were identified in the proposed limited disapproval.
VOCs contribute to the production of ground level ozone and smog.
These rules were originally adopted as part of California's effort 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 final action for
these rules.
III. EPA Evaluation and 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). The EPA interpretation of these requirements,
which forms the basis for today's action, appears in the various EPA
policy guidance documents listed in footnote 1. 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 that are applicable to certain VOC rules. 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 according
to section 182(a)(2)(A). The CTG applicable to SCAQMD rule 1103 is
entitled, ``Control of Volatile Organic Emissions from Manufacture of
Synthesized Pharmaceutical Products'', EPA 450/2-78-029. CTGs
applicable to SCAQMD rule 462 are entitled, ``Control of Hydrocarbons
from Tank Truck Gasoline Loading Terminals'', EPA-450/2-77-026;
``Control of Volatile Organic Compound Leaks from Gasoline Tank Trucks
and Vapor Collection Systems'', EPA-450/2-78-051; and ``Control of
Volatile Organic Emissions from Bulk Gasoline Plants'', EPA 450/2-77-
035. There are no CTGs applicable to YSAQMD. Further interpretations of
EPA policy are found in the Blue Book, referred to in footnote 1. In
general, these guidance documents have been set forth to ensure that
VOC rules are fully enforceable and strengthen or maintain the SIP.
On November 13, 1997 (62 FR 60784), EPA granted limited approval
and limited disapproval a version of SCAQMD rule 462, Organic Liquid
Loading, that had been adopted by SCAQMD on June 9, 1995. Submitted
SCAQMD rule 462 includes the following significant changes from the
current SIP rule:
The definition of ``facility vapor leak'' and other
definitions were revised for clarity.
Methods were provided for determining vapor leak and
compliance to emission limits.
Obsolete compliance dates were eliminated.
On November 13, 1997 (62 FR 60784), EPA granted limited approval
and limited disapproval a version of SCAQMD rule 1103, Pharmaceuticals
and Cosmetics Manufacturing Operations, that had been adopted by SCAQMD
on December 7, 1990. Submitted SCAQMD rule 1103 includes the following
significant changes from the current SIP rule:
Methods were described for determination of control device
efficiency and of surface condenser efficiency, instead of director's
discretion.
Operating requirements were specified and vacuum vents
were required over 1.5 psia, instead of director's discretion.
The calculation method for composite total pressure and
the test method for weight of VOC were added.
``Leak'' is defined relative to the allowed time from
detection to repair.
On December 8, 1994 (59 FR 63286), EPA proposed limited approval
and limited disapproval a version of YSAQMD Rule 2.30, Polyester Resin
Operations, that had been adopted by YSAQMD on August 25, 1993. This
action was never finalized. Submitted YSAQMD Rule 2.30 includes the
following significant change from the proposed rule:
The test method for monomer content is specified as the
SCAQMD Test Method 312, Percent Monomer in Polyester Resins, for
restricting the monomer content to no more than 35 percent by weight.
[[Page 39039]]
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SCAQMD rule 462, Organic Liquid Loading; SCAQMD rule 1103,
Pharmaceutical and Cosmetics Manufacturing Operations; and YSAQMD rule
2.30, Polyester Resin Operations, are being approved under section
110(k)(3) of the CAA as meeting the requirements of section 110(a) and
part D.
EPA is publishing this rule without prior proposal because the
Agency views this as a noncontroversial amendment and anticipates no
adverse comments. However, in the proposed rules section of this
Federal Register publication, EPA is publishing a separate document
that will serve as the proposal to approve the SIP revision should
adverse comments be filed. This rule will be effective September 20,
1999 without further notice unless the Agency receives adverse comments
by August 20, 1999.
If the EPA receives such comments, then EPA will publish a timely
withdrawal in the Federal Register informing the public that the rule
did not take effect. All public comments received will then be
addressed in a subsequent final rule based on the proposed rule. The
EPA will not institute a second comment period. Any parties interested
in commenting on this rule should do so at this time. If no such
comments are received, the public is advised that this rule is
effective on September 20, 1999 and no further action will be taken on
the proposed rule.
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 Executive Order 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,
Executive Order 12875 requires EPA to provide to the Office of
Management and Budget 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, Executive Order 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 and reasonably feasible alternatives considered
by the Agency. This rule is not subject to E.O. 13045 because it does
not involve decisions intended to mitigate environmental health or
safety risks.
D. Executive Order 13084
Under Executive Order 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, Executive Order 13084
requires EPA to provide to the Office of Management and Budget, 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, Executive Order 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
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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.
G. Submission to Congress and the Comptroller General
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. This rule is not a
``major'' rule as defined by 5 U.S.C. 804(2).
H. Petitions for Judicial Review
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 September 20, 1999. 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, Hydrocarbons,
Incorporation by reference, Intergovernmental relations, Ozone,
Particulate matter, Reporting and recordkeeping requirements, and
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: June 29, 1999.
Laura Yoshii,
Acting Regional Administrator, Region IX.
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 et seq.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c) (263) and
(264) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(263) New and amended regulations for the following APCDs were
submitted on May 13, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 1103, adopted on March 12, 1999.
* * * * *
(264) New and amended regulations for the following APCDs were
submitted on June 3, 1999, by the Governor's designee.
(i) Incorporation by reference.
(A) South Coast Air Quality Management District.
(1) Rule 462, adopted on May 14, 1999.
(B) Yolo-Solano Air Quality Management District.
(1) Rule 2.30, adopted on April 14, 1999.
* * * * *
[FR Doc. 99-18472 Filed 7-20-99; 8:45 am]
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