[Federal Register Volume 62, Number 179 (Tuesday, September 16, 1997)]
[Rules and Regulations]
[Pages 48480-48483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24419]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 185-0047a FRL-5888-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Northern Sierra 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. The revisions concern rules for
Northern Sierra Air Quality Management District (NSAQMD 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.
EFFECTIVE DATE: This action is effective on November 17, 1997 unless
adverse or critical comments are received by October 16, 1997. If the
effective date is delayed, a timely notice will be published in the
Federal Register.
ADDRESSES: Comments must be submitted to Cynthia G. Allen at the Region
IX office listed below. 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,
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Northern Sierra Air Quality Management District, 540 Searls Avenue,
Nevada City, CA 95959.
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:
I. Applicability
The rules being approved into the California SIP include: NSAQMD
Rule 101, Title; Rule 102, Definitions; Rule 202, Visible Emissions;
Rule 203, Exceptions to Rule 202; Rule 204, Wet Plumes Rule 206,
Incinerator Burning; Rule 207, Particulate Matter; Rule 208, Orchard or
Citrus Heaters; Rule 209, Fossil Fuel Steam Generator Facility; Rule
210, Specific Contaminants; Rule 212, Process Weight Table; Rule 213,
Storage of Gasoline Products; Rule 221, Reduction of Animal Matter;
Rule 222, Abrasive Blasting; Rule 225, Compliance; Rule 300, General
Definitions; Rule 301, Compliance; Rule 313, Burn Day; Rule 314,
Minimum Drying Times; Rule 315, Burning Management Requirements; and
Rule 317, Mechanized Burners Requirements. These rules were submitted
by the California Air Resources Board to EPA on October 28, 1996.
I. 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 listed Nevada, Plumas and Sierra
Counties as ``unclassifiable/attainment''. 43 FR 8964, 40 CFR 81.305.
In response to section 110(a) of the Act and other requirements, the
Nevada, Plumas and Sierra Air Pollution Control Districts (APCDs)
submitted many rules which EPA approved into the SIP. On September 11,
1991, California consolidated the Nevada, Plumas, and
[[Page 48481]]
Sierra County APCDs within the NSAQMD. Also on September 11, 1991, June
10, 1992, May 11, 1994, and August 14, 1996, the NSAQMD adopted many
rules that reformatted and consolidated rules from the three subsumed
air districts. These revised rules consolidate the District rules into
a single set of regulations applicable throughout the NSAQMD.
This document addresses EPA's direct-final action for the following
NSAQMD rules: Rule 101, Title; Rule 102, Definitions; Rule 202, Visible
Emissions; Rule 203, Exceptions to Rule 202; Rule 204, Wet Plumes; Rule
206, Incinerator Burning; Rule 207, Particulate Matter; Rule 208,
Orchard or Citrus Heaters; Rule 209, Fossil Fuel Steam Generator
Facility; Rule 212, Process Weight Table; Rule 213, Storage of
Gasoline; Rule 221, Reduction of Animal Matter; Rule 222, Abrasive
Blasting; Rule 223, Enforcement; Rule 225, Compliance; Rule 300,
General Definitions; Rule 301, Compliance; Rule 313, Burn Day; Rule
314, Minimum Drying Times; Rule 315, Burning Management Requirements;
Rule 316, Burn Plan Preparation; and Rule 317, Mechanized Burners
Requirements.
These rules were adopted by NSAQMD on September 11, 1991 and May
11, 1994 and submitted by the State of California for incorporation
into its SIP on October 28, 1996. These rules were found to be complete
on December 19, 1996, 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 and their predecessors
were originally adopted as part of NSAQMD'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.
II. 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 Nevada, Plumas and
Sierra County Air Pollution Control Districts 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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Nevada County Air Pollution Control District
Rule 101, Title (submitted 4/10/75)
Rule 102, Definitions (submitted 4/10/75, 6/6/77)
Rule 103, Enforcement (submitted 6/6/77)
Rule 104, No Title (submitted 6/6/77)
Rule 202, Visible Emissions (submitted 4/10/75)
Rule 203, Exceptions (submitted 4/10/75, 6/6/77, 2/21/72)
Rule 204, Wet Plumes (submitted 4/10/75, 2/21/72)
Rule 206, Incinerator Burning (submitted 4/10/75, 6/6/77)
Rule 207, Particulate Matter (submitted 10/15/79)
Rule 208, Orchard or Citrus Heaters (submitted 4/10/75)
Rule 209, Fossil Fuel-Steam Separator Facility (submitted 4/
10/75)
Rule 210, Specific Contaminant (submitted 10/15/79)
Rule 214, Reduction of Animal Matter (submitted 4/10/75)
Rule 216, Abrasive Blasting (submitted 6/6/77)
Rule 218, Compliance Tests (submitted 10/15/79)
Rule 305, Permit Validity (submitted 4/10/75)
Rule 306, No-Burn Days (submitted 10/15/79)
Rule 308, Burning Reports (submitted 4/10/75)
Rule 309, Amount Burned Daily (submitted 4/10/75)
Rule 310, Approved Ignition Devices (submitted 4/10/75)
Rule 311, Restricted Burning Days (submitted 4/10/75)
Rule 312, Wind Direction (submitted 4/10/75)
Rule 313, Minimum Drying Times (submitted 4/10/75)
Rule 315, Preparation of Material to be Burned (submitted 4/
10/75)
Rule 405, Separation of Emissions (submitted 4/10/75)
Rule 406, Combination of Emissions (submitted 4/10/75)
Rule 407, Circumvention (submitted 6/6/77)
Rule 408, Source Recordkeeping and Reporting (submitted 4/10/
75)
Rule 409, Public Records (submitted 6/6/77)
Rule 507, Provision of Sampling and Testing Facilities
(submitted 6/6/77)
Plumas County Air Pollution Control District
Rule 101, Title (submitted 1/10/75)
Rule 102, Definitions (submitted 1/10/75, 6/6/77)
Rule 202, Visible Emissions (submitted 1/10/75)
Rule 203, Exceptions (submitted 6/22/81)
Rule 204, Wet Plumes (submitted 1/10/75)
Rule 206, Incinerator Burning (submitted 1/10/75, 6/6/77)
Rule 207, Particulate Matter (submitted 6/6/77)
Rule 208, Orchard or Citrus Heaters (submitted 6/6/77)
Rule 209, Fossil Fuel-Steam Generator Facility (1/10/75)
Rule 214, Reduction of Animal Matter (submitted 1/10/75)
Rule 215, Abrasive Blasting (submitted 6/6/77)
Rule 216, Enforcement (submitted 6/6/77)
Rule 216-50, Visible Emissions (submitted 1/10/75)
Rule 216-51, Exceptions to Rule 50 (submitted 1/10/75)
Rule 304, Range Improvement Burning (submitted 6/22/81)
Rule 305, Forest Management Burning (submitted 6/22/81)
Rule 311, Recreational Activity (submitted 6/22/81)
Rule 313, No Burn Day (submitted 6/22/81)
Rule 314, Burning Permits (submitted 6/22/81)
Rule 315, Minimum Drying Times (submitted 6/22/81)
Rule 316, Burning Management (submitted 6/22/81)
Rule 318, Enforcement Responsibility (submitted 6/22/81)
Rule 319, Penalty (submitted 6/22/81)
Rule 405, Separation of Emissions (submitted 1/10/75)
Rule 406, Combination of Emissions (submitted 1/10/75)
Rule 510, Separation of Emissions (submitted 6/22/81)
Rule 511, Combination of Emissions (submitted 6/22/81)
Rule 512, Circumvention (submitted 6/22/81)
Rule 513, Source Recordkeeping (submitted 6/22/81)
[[Page 48482]]
Rule 514, Public Records and Trade Secrets (submitted 6/22/81)
Rule 515, Provision of Sampling and Testing Facilities
(submitted 6/22/81)
Sierra County Air Pollution Control District
Rule 101, Title (submitted 1/10/75)
Rule 102, Definitions (submitted 1/10/75, 6/6/77)
Rule 202, Visible Emissions (submitted 1/10/75)
Rule 203, Exceptions (submitted 6/22/81)
Rule 204, Wet Plumes (submitted 1/10/75)
Rule 206, Incinerator Burning (submitted 1/10/75)
Rule 207, Particulate Matter (submitted 5/23/79)
Rule 208, Orchard or Citrus Heaters (submitted 6/6/77)
Rule 209, Fossil Fuel Steam Generator Facility (submitted 1/
10/75)
Rule 210, Specific Contaminants (submitted 5/23/79)
Rule 211, Process Weight Per Hour (submitted 5/23/79)
Rule 212, Process Weight Table (submitted 1/10/75)
Rule 213, Storage of Petroleum Products (submitted 1/10/75)
Rule 214, Reduction of Animal Matter (submitted 1/10/75)
Rule 215, Abrasive Blasting (submitted 6/6/77)
Rule 216, Enforcement (submitted 6/6/77)
Rule 218, Compliance Tests (submitted 5/23/79)
Rule 303, Agricultural Burning (submitted 6/22/81)
Rule 304, Range Improvement Burning (submitted 6/22/81)
Rule 305, Forest Management Burning (submitted 6/22/81)
Rule 311, Recreational Activity (submitted 6/22/81)
Rule 313, No Burn Day (submitted 6/22/81)
Rule 314, Burning Permits (submitted 6/22/81)
Rule 315, Minimum Drying Times (submitted 6/22/81)
Rule 316, Burning Management (submitted 6/22/81)
Rule 318, Enforcement Responsibility (submitted 6/22/81)
Rule 319, Penalty (submitted 6/22/81)
Rule 405, Separation of Emissions (submitted 1/10/75)
Rule 406, Combination of Emissions (submitted 1/10/75)
Rule 510, Separation of Emissions (submitted 6/22/81)
Rule 511, Combination of Emissions (submitted 6/22/81)
Rule 512, Circumvention (submitted 6/22/81)
Rule 513, Source Recordkeeping (submitted 6/22/81)
Rule 514, Public Records and Trade Secrets (submitted 6/22/81)
Rule 515, Provision of Sampling and Testing Facilities
(submitted 6/22/81)
EPA has evaluated the consolidated NSAQMD rules submitted in
October 1996 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 districts had
slightly different requirements for similar sources, the consolidated
rule now applies to the most stringent of the requirements to the
entire area. In no case does this action represent a relaxation of any
requirement.
The NSAQMD rules being approved by this action to revise the SIP
include:
Rule 101, Title
Rule 102, Definitions
Rule 202, Visible Emissions
Rule 203, Exceptions to Rule 202
Rule 204, Wet Plumes
Rule 206, Incinerator Burning
Rule 207, Particulate Matter
Rule 208, Orchard or Citrus Heaters
Rule 209, Fossil Fuel Steam Generator Facility
Rule 210, Specific Contaminants
Rule 212, Process Weight Table
Rule 213, Storage of Gasoline Products
Rule 221, Reduction of Animal Matter
Rule 222, Abrasive Blasting
Rule 225, Compliance
Rule 300, General Definitions
Rule 301, Compliance
Rule 313, Burn Day
Rule 314, Minimum Drying Times
Rule 315, Burning Management Requirements
Rule 316, Burn Plan Preparation
Rule 317, Mechanized Burners Requirements
Other NSAQMD rules submitted with these rules on October 28, 1996,
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 November 17, 1997, unless, by October 16, 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 November 17, 1997.
III. Administrative Requirements
A. Executive Order 12866
The Office of Management and Budget (OMB) has exempted this
regulatory action from E.O. 12866 review.
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).
[[Page 48483]]
C. Unfunded Mandates Reform Act
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 the approval action promulgated 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
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 rule 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 the rule in today's
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 November 17, 1997. 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.
Dated: August 22, 1997.
John Wise,
Acting 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.
Subpart F--California
2. Section 52.220 is amended by adding paragraphs (c) (26)(ix)(B)
and (26)(xvi)(E), (27)(vii)(C), (39)(viii)(D), (39)(ix)(C), (39)(x)(C),
and (246) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(26) * * *
(ix) * * *
(B) Previously approved and now deleted, Rule 102.
* * * * *
(xvi) * * *
(E) Previously approved and now deleted, Rule 102.
* * * * *
(27) * * *
(vii) * * *
(C) Previously approved and now deleted, Rule 102.
* * * * *
(39) * * *
(viii)* * *
(D) Previously approved and now deleted, Rule 102.
(ix) * * *
(C) Previously approved and now deleted, Rule 102.
(x) * * *
(C) Previously approved and now deleted, Rule 102.
* * * * *
(246) New and amended regulations for the following APCDs were
submitted on October 28, 1996, by the Governor's designee.
(i) Incorporation by reference.
(A) Northern Sierra Air Quality Management District.
(1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222,
223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991,
Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992,
and Rule 316 adopted on August 14, 1996.
[FR Doc. 97-24419 Filed 9-15-97; 8:45 am]
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