[Federal Register: November 5, 2002 (Volume 67, Number 214)]
[Rules and Regulations]
[Page 67313-67316]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr05no02-5]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA242-0373a; FRL-7395-8]
Revisions to the California State Implementation Plan, Imperial
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 to approve revisions to the
Imperial County Air Pollution Control District's (ICAPCD) portion of
the California State Implementation Plan (SIP). These revisions concern
volatile organic compound (VOC) emissions from Soil Decontamination
Operations, Organic Solvent Degreasing Operations, and Organic
Solvents. We are approving local rules that regulate these emission
sources under the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on January 6, 2003 without further
notice, unless EPA receives adverse comments by December 5, 2002. If we
receive such comment, we will publish a timely withdrawal in the
Federal Register to notify the public that this rule will not take
effect.
ADDRESSES: Mail comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne
Street, San Francisco, CA 94105-3901.
You can inspect copies of the submitted SIP revisions and EPA's
technical support documents (TSDs) at our Region IX office during
normal business hours. You may also see copies of the submitted SIP
revisions at the following locations:
Air and Radiation Docket and Information Center, U.S. Environmental
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail
Code 6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Imperial County Air Pollution Control District, 150 South 9th Street,
El Centro, California 92243-2850
A copy of the rules may also be available via the Internet at
http://
[[Page 67314]]
www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not an
EPA website and may not contain the same version of the rule that was
submitted to EPA.
FOR FURTHER INFORMATION CONTACT: Terry McCall, EPA Region IX, (415)
947-3976.
SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and
``our'' refer to EPA.
Table of Contents
I. The State's Submittal
A. What Rules Did the State Submit?
B. Are There Other Versions of These Rules?
C. What Is the Purpose of the Submitted Rules and Rule
Revisions?
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
B. Do the Rules Meet the Evaluation Criteria?
C. EPA Recommendations To Further Improve the Rules
D. Public Comment and Final Action
III. Background Information
Why Were These Rules Submitted?
IV. Administrative Requirements
I. The State's Submittal
A. What Rules Did the State Submit?
Table 1 lists the rules we are approving with the dates that they
were adopted by the local air agencies and submitted by the California
Air Resources Board (CARB).
Table 1.--Submitted Rules
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Local agency Rule No. Rule title Adopted Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD............................... 412 Soil Decontamination 01/16/01 10/30/01
Operations.
ICAPCD............................... 413 Organic Solvent Cleaning.... 01/16/01 10/30/01
ICAPCD............................... 417 Organic Solvents............ 9/14/99 05/26/00
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On January 18, 2002, for Rules 412 and 413, and on October 6, 2000
for Rule 417, these rule submittals were found to meet the completeness
criteria in 40 CFR part 51, appendix V, which must be met before formal
EPA review.
B. Are There Other Versions of These Rules?
There are no previous versions of Rules 412 and 413 SIP. The ICAPCD
adopted earlier versions of Rule 417 and CARB submitted them to us on
November 4, 1977 and October 15, 1979. We approved these versions of
Rule 417 into the SIP on August 8, 1978 and January 1, 1981. The ICAPCD
adopted revisions to the 1981 SIP-approved version of Rule 417 on
September 14, 1999 and CARB submitted them to us on May 26, 2000. While
we can act on only the most recently submitted version, we have
reviewed materials provided with previous submittals.
C. What Is the Purpose of the Submitted Rules and Rule Revisions?
Rule 412--Soil Decontamination Operations, establishes standards to
reduce the emissions of VOC from soil that has been contaminated with
organic materials, typically gasoline, jet fuel, or diesel fuel. The
rule requires VOC emissions from contaminated soil (greater than 50 ppm
VOC) to be controlled when the soil is being excavated.
Rule 413--Organic Solvent Degreasing Operations, applies to the
operation of equipment using organic solvent in degreasing operations.
The rule reduces emissions of reactive organic compounds (ROC) by
establishing equipment standards and work practice procedures for cold
cleaners and open top and conveyorized vapor degreasers.
Rule 417--Organic Solvents, applies to emissions or organic
material from heated and unheated operations. Rule 417 reduces
emissions of ozone precursor compounds from operations that are not
currently regulated by other District rules. The TSDs have more
information about Rules 412, 413 and 417.
II. EPA's Evaluation and Action
A. How Is EPA Evaluating the Rules?
Generally, SIP rules must be enforceable (see section 110(a) of the
Act), must require Reasonably Available Control Technology (RACT) for
major sources in nonattainment areas (see section 182(a)(2)(A)), and
must not relax existing requirements (see sections 110(l) and 193). EPA
has classified Imperial County a ``transitional area'' for attainment
of the NAAQS for ozone (CAA section 185). Transitional areas are exempt
from additional nonattainment requirements in CAA part D, subpart 2.
The exemption will continue until EPA redesignates Imperial County as
either attainment or nonattainment under CAA section 107(d)(4) (see 57
FR 113498, 13523-13527). The District is not exempt from the general
nonattainment requirements in CAA part D, subpart 1.
Guidance and policy documents that we used to help evaluate
specific enforceability and RACT requirements consistently include the
following:
1. Portions of the proposed post-1987 ozone and carbon monoxide
policy that concern RACT, 52 FR 45044, November 24, 1987.
2. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and
Deviations,'' EPA, May 25, 1988 (the Bluebook).
3. ``Guidance Document for Correcting Common VOC & Other Rule
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
4. Control of Volatile Organic Emissions from Solvent Metal
Cleaning. EPA-450/2-77-022, November 1977.
5. Determination of Reasonably Available Control Technology and
Best Available Retrofit Control Technology for Organic Solvent Cleaning
and Degreasing Operations. California Air Resources Board Guidance
Document. July 18, 1991,
B. Do the Rules Meet the Evaluation Criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, RACT, and SIP relaxations. The TSD
has more information on our evaluation.
C. EPA Recommendations To Further Improve the Rules
The TSD describes additional rule revisions that do not affect
EPA's current action but are recommended for the next time the local
agency modifies the rules.
D. Public Comment and Final Action
As authorized in section 110(k)(3) of the Act, EPA is fully
approving the submitted rules because we believe they fulfill all
relevant requirements. We do not think anyone will object to this
approval, so we are finalizing it without proposing it in advance.
However, in the Proposed Rules section of this Federal Register, we are
simultaneously proposing approval of the same submitted rules. If we
receive adverse comments by December 5, 2002, we will publish a timely
withdrawal in the Federal Register to notify the public that the direct
final approval will not take effect and we will address the comments in
a subsequent final action
[[Page 67315]]
based on the proposal. If we do not receive timely adverse comments,
the direct final approval will be effective without further notice on
January 6, 2003. This will incorporate these rules into the federally
enforceable SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Background Information
Why Were These Rules Submitted?
VOCs help produce ground-level ozone and smog, which harm human
health and the environment. Section 110(a) of the CAA requires states
to submit regulations that control VOC emissions. Table 2 lists some of
the national milestones leading to the submittal of these local agency
VOC rules.
Table 2.--Ozone Nonattainment Milestones
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Date Event
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March 3, 1978.......................... EPA promulgated a list of ozone
nonattainment areas under the
Clean Air Act as amended in
1977. 43 FR 8964; 40 CFR
81.305.
May 26, 1988........................... EPA notified Governors that
parts of their SIPs were
inadequate to attain and
maintain the ozone standard
and requested that they
correct the deficiencies
(EPA's SIP-Call). See section
110(a)(2)(H) of the pre-
amended Act.
November 15, 1990...................... Clean Air Act Amendments of
1990 were enacted. Pub. L. 101-
549, 104 Stat. 2399, codified
at 42 U.S.C. 7401-7671q.
May 15, 1991........................... Section 182(a)(2)(A) requires
that ozone nonattainment areas
correct deficient RACT rules
by this date.
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IV. Administrative Requirements
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have Federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 January 6, 2003. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Reporting and
recordkeeping requirements, Volatile organic compounds.
[[Page 67316]]
Dated: September 30, 2002.
Keith Takata,
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)(279)(i)(A)(8)
and (288)(i)(D) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(279) * * *
(i) * * *
(A) * * *
(8) Rule 417 adopted on September 14, 1999.
* * * * *
(288) * * *
(i) * * *
(D) Imperial County Air Pollution Control District.
(1) Rules 412 and 413 adopted on January 16, 2001.
* * * * *
[FR Doc. 02-28077 Filed 11-4-02; 8:45 am]
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