[Federal Register Volume 63, Number 158 (Monday, August 17, 1998)]
[Rules and Regulations]
[Pages 43881-43884]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-21900]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 083-0072a; FRL-6138-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Kern County Air Pollution Control
District, San Joaquin Valley Unified Air Pollution Control District,
South Coast Air Quality Management 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 (SIP). The revisions concern rules
from the following districts: Kern County Air Pollution Control
District (KCAPCD), San Joaquin Valley Unified Air Pollution Control
District (SJVUAPCD), and South Coast Air Quality Management District
(SCAQMD). 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 rules control VOC emissions from wastewater
separators, rubber tire manufacturing, and soil decontamination
operations. Thus, EPA is finalizing the approval of these rules 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 October 16, 1998 without further
notice, unless EPA receives relevant adverse comments by September 16,
1998. If EPA receives such comment, then it will publish a timely
withdrawal in the Federal Register informing the public that this rule
will not take effect.
ADDRESSES: Comments must be submitted to Andrew Steckel at the Region
IX office listed below. Copies of the rules 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 rules 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 95812
Kern County Air Pollution Control District, 2700 M Street, Suite 290,
Bakersfield, CA 93301
San Joaquin Unified Air Pollution Control District, 1999 Tuolumne
Street, Suite 200, Fresno, CA 93721
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765
FOR FURTHER INFORMATION CONTACT: Patricia Bowlin, Rulemaking Office
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1188.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include: KCAPCD
Rule 414, Wastewater Separators; SJVUAPCD Rule 4681, Rubber Tire
Manufacturing; and SCAQMD Rule 1166, Volatile Organic Compound
Emissions from Decontamination of Soil. These rules were submitted by
the California Air Resources Board (CARB) to EPA on May 10, 1996; May
24, 1994; and October 13, 1995, 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 San Joaquin Valley
Area 1 and 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 1977 Act, that
these areas' 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).2 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.
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\1\ Kern County is located in the San Joaquin Valley Area and
the Southeast Desert Air Basin. At the time, SJVUAPCD did not exist,
and KCAPCD had jurisdiction over all of Kern County. The San Joaquin
Valley Area portion of Kern County was designated nonattainment. The
Southeast Desert Air Basin portion of Kern County was designated as
unclassified.
\2\ EPA's SIP-Call applied to all of the KCAPCD, including the
Southeast Desert Air Basin portion of Kern County.
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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
[[Page 43882]]
guidance.3 EPA's SIP-Call used that guidance to indicate the
necessary corrections for specific nonattainment areas.
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\3\ 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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The San Joaquin Valley Area is classified as serious, and the Los
Angeles-South Coast Air Basin Area is classified as extreme; therefore,
these areas were subject to the section 182(a)(2)(A) RACT fix-up
requirement and the May 15, 1991 deadline. 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, 1997.4
The Southeast Desert Air Basin portion of Kern County is also
classified as serious; however, this area was not a pre-amendment
nonattainment area.5 Although the Southeast Desert Air Basin
portion of Kern County was not subject to the statutory RACT fix-up
requirement, it is still subject to the requirements of EPA's SIP-Call.
See footnote 2. The substantive requirements of the SIP-Call are the
same as those of the section 182(a)(2)(A) RACT fix-up requirement.
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\4\ 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 the Antelope Valley Region in Los Angeles County are 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).
\5\ The San Joaquin Valley Area and the Los Angeles-South Coast
Air Basin Area retained their nonattainment designations and were
classified by operation of law pursuant to sections 107(d) and
181(a) upon the date of enactment of the CAA. The Southeast Desert
Air Basin portion of Kern County was designated nonattainment on
November 6, 1991. See 56 FR 56694 (November 6, 1991).
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On March 20, 1991 the SJVUAPCD was formed. The SJVUAPCD has
authority over the San Joaquin Valley Area, including the Kern County
portion. KCAPCD retained authority over the Southeast Desert Air Basin
portion of Kern County. See footnote 1.
The State of California submitted many revised RACT rules for
incorporation into its SIP on May 10, 1996; May 24, 1994; and October
13, 1995, including the rules being acted on in this document. This
document addresses EPA's direct-final action for KCAPCD Rule 414,
Wastewater Separators; SJVUAPCD Rule 4681, Rubber Tire Manufacturing;
and SCAQMD Rule 1166, Volatile Organic Compound Emissions from
Decontamination of Soil. KCAPCD adopted Rule 414 on March 7, 1996.
SJVUAPCD adopted Rule 4681 on December 16, 1993. SCAQMD adopted Rule
1166 on July 14, 1995. These submitted rules were found to be complete
on July 19, 1996; July 14, 1994; and November 28, 1995 pursuant to
EPA's completeness criteria that are set forth in 40 CFR part 51,
Appendix V 6 and are being finalized for approval into the
SIP.
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\6\ 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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KCAPCD Rule 414 controls VOC emissions from petroleum refinery
wastewater separators. SJVUAPCD Rule 4681 controls VOC emissions from
rubber tire and recapping treadstock manufacturing facilities. SCAQMD
controls VOC emissions from soil decontamination operations. VOCs
contribute to the production of ground level ozone and smog. These
rules were originally adopted as part of districts' efforts to achieve
the National Ambient Air Quality Standard (NAAQS) for ozone and in
response to EPA's SIP-Call. 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 3. 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). The CTG
applicable to KCAPCD Rule 414 is entitled ``Control of Refinery Vacuum
Producing Systems, Wastewater Separators and Process Unit Turnarounds''
(EPA-450/2-77-025). The CTG applicable to SJUVAPCD Rule 4681 is
entitled ``Control of Volatile Organic Emissions from Manufacture of
Pneumatic Rubber Tires'' (EPA-450/2-78-030). For some source
categories, such as soil decontamination operations, EPA did not
publish a CTG. Therefore, there is no CTG applicable to SCAQMD Rule
1166. In such cases, State and local agencies determine what controls
are required to satisfy the RACT requirement by reviewing the
operations of facilities within the affected source category. In that
review, the technological and economic feasibility of the proposed
controls are considered. In addition, for both CTG and non-CTG source
categories, EPA has issued policy documents, such as the Blue Book
referred to in footnote 3, to ensure that VOC rules are fully
enforceable and strengthen or maintain the SIP.
On May 13, 1993, EPA approved into the SIP a version of KCAPCD Rule
414, Wastewater Separators, that had been adopted by KCAPCD on May 6,
1991. The submitted version of Rule 414 includes the following
significant changes from the current SIP:
Modified the definition of Volatile Organic Compound
(VOC).
Changed the basis for exemption to a vapor pressure and
throughput cutoff.
On June 23, 1994, EPA approved into the SIP a version of SJVUAPCD
Rule 4681, Rubber Tire Manufacturing, that had been adopted by SJVAPCD
on May 16, 1991. The submitted version of Rule 4681 includes the
following significant changes from the current SIP:
Changed the rule number (from Rule 468.1 to Rule 4681) and
the rule format.
Added test methods and procedures.
There is currently no version of SCAQMD Rule 1166, Volatile Organic
Compound Emissions from Decontamination of Soil, in the SIP. On
February 12, 1993, EPA proposed limited approval and limited
disapproval of the version of Rule 1166 adopted by SCAQMD on August 5,
1988 and submitted by CARB on March 26, 1990. EPA will not finalize
action on this previous submittal of SCAQMD
[[Page 43883]]
Rule 1166 because today's action on the October 13, 1995 submittal of
Rule 1166 supersedes EPA's earlier proposed action.
SCAQMD Rule 1166 includes the following provisions:
Notification and monitoring requirements for persons
excavating underground storage tanks.
Mitigation plan requirements for persons handling VOC-
contaminated soil.
Control requirements for persons treating contaminated
soil.
Prohibition of uncontrolled aeration of contaminated soil.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, KCAPCD Rule 414, Wastewater Separators; SJVUAPCD Rule 4681,
Rubber Tire Manufacturing; and SCAQMD Rule 1166, Volatile Organic
Compound Emissions from Decontamination of Soil, are being approved
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 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 rule without prior proposal because the
Agency views this as a noncontroversial revision 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
relevant adverse comments be filed. This rule will be effective October
16, 1998 without further notice unless the Agency receives relevant
adverse comments by September 16, 1998.
If the EPA receives such comments, then EPA will publish a notice
withdrawing the final rule and informing the public that the rule will
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
should do so at this time. If no such comments are received, the public
is advised that this rule will be effective on October 16, 1998 and no
further action will be taken on the proposed rule.
IV. Administrative Requirements
A. Executive Orders 12866 and 13045
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
This final rule is not subject to E.O. 13045, entitled ``Protection
of Children from Environmental Health Risks and Safety Risks,'' because
it is not an ``economically significant'' action under E.O. 12866.
B. Regulatory Flexibility Act
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 populations of less than
50,000.
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 impose any new requirements, the
Administrator certifies 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 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).
C. 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
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 this approval action does not include a
Federal mandate that may result in estimated 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 Federal
requirements. Accordingly, no additional costs to State, local, or
tribal governments, or to the private sector, result from this action.
D. Submission to Congress and the General Accounting Office
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).
E. 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 October 16, 1998. 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,
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.
[[Page 43884]]
Dated: July 29, 1998.
Nora L. McGee,
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)(197)(i)(C)(2), (225)(i)(A)(3), and (231)(i)(B)(3) to read as
follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(197) * * *
(i) * * *
(C) * * *
(2) Rule 4681, adopted on December 16, 1993.
* * * * *
(225) * * *
(i) * * *
(A) * * *
(3) Rule 1166, adopted on July 14, 1995.
* * * * *
(231) * * *
(i) * * *
(B) * * *
(3) Rule 414, adopted on March 7, 1996.
* * * * *
[FR Doc. 98-21900 Filed 8-14-98; 8:45 am]
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