[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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