[Federal Register Volume 62, Number 87 (Tuesday, May 6, 1997)]
[Rules and Regulations]
[Pages 24574-24576]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-11911]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 192-0037a; FRL-5816-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, 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 granting limited approval 
and limited disapproval of revisions to the California State 
Implementation Plan (SIP). The revisions concern two rules from the 
South Coast Air Quality Management District (SCAQMD). This final action 
will incorporate these rules into the federally approved SIP. The 
intended effect of finalizing this action 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 active and inactive landfills. Thus, EPA is 
finalizing a simultaneous limited approval and limited disapproval of 
the rules under CAA provisions regarding EPA action on SIP submittals 
and general rulemaking authority because the rules, while strengthening 
the SIP, also do not fully meet the CAA provisions regarding plan 
submissions and plan requirements for nonattainment areas.

DATES: This action is effective on July 7, 1997 unless adverse or 
critical comments are received by June 5, 1997. If the effective date 
is delayed, a timely notice will be published in the Federal Register.

ADDRESSES: Copies of the rules and EPA's evaluation report for the 
rules are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted rules are also 
available for inspection at the following locations:

Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street, 
S.W., Washington, D.C. 20460
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415) 
744-1188.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being incorporated into the California SIP are SCAQMD 
Rule 1150.1, Control of Gaseous Emissions from Active Landfills, and 
SCAQMD Rule 1150.2, Control of Gaseous Emissions from Inactive 
Landfills. The rules were submitted by the California Air Resources 
Board (CARB) to EPA on October 16, 1985 and February 10, 1986, 
respectively.

Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in l977 
(1977 Act or pre-amended Act), that included the Los Angeles-South 
Coast Air Basin Area. 43 FR 8964, 40 CFR 81.305. The 1977 Act required 
that nonattainment areas adopt, at a minimum, reasonably available 
control technology (RACT) for all significant sources of emissions.

[[Page 24575]]

    The State of California submitted many RACT rules for incorporation 
into its SIP on October 16, 1985 and February 10, 1986, including the 
rules being acted on in this document. This document addresses EPA's 
direct-final action for SCAQMD Rule 1150.1, Control of Gaseous 
Emissions from Active Landfills, and SCAQMD Rule 1150.2, Control of 
Gaseous Emissions from Inactive Landfills. SCAQMD adopted Rule 1150.1 
on April 5, 1985 and Rule 1150.2 on October 18, 1985. These submitted 
rules are being finalized for limited approval and limited disapproval 
into the SIP.
    Rule 1150.1 and Rule 1150.2 control the emissions of VOCs from 
active and inactive landfills, respectively. VOCs contribute to the 
production of ground level ozone and smog. These rules were originally 
adopted as part of SCAQMD's effort to achieve the National Ambient Air 
Quality Standard (NAAQS) for ozone. The following is EPA's evaluation 
and final action for these rules.

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 various EPA policy 
guidance documents.\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.
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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).
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    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. For source categories that do not have an applicable CTG 
(such as landfills), state and local agencies may determine what 
controls are required by reviewing the operation of facilities subject 
to the regulation and evaluating regulations for similar sources in 
other areas.
    Further interpretations of EPA policy are found in the Blue Book, 
referred to in footnote 1. In general, the EPA policy guidance 
documents have been set forth to ensure that VOC rules are fully 
enforceable and strengthen or maintain the SIP.
    SCAQMD's Rule 1150.1, Control of Gaseous Emissions from Active 
Landfills, and Rule 1150.2, Control of Gaseous Emissions from Inactive 
Landfills are new rules for inclusion in the SIP. The submitted rules 
contain the following requirements to control VOC emissions at active 
and inactive landfills:
     Installation of landfill gas control systems
     Monitoring of off-site gas migration
     Landfill surface monitoring
     Periodic sampling of periphery subsurface gas and ambient 
air
     Periodic sampling of collected landfill gas
     Disposal of collected landfill gas
     Periodic evaluation of the efficiency of the gas disposal 
system
    Although SCAQMD Rules 1150.1 and 1150.2 will strengthen the SIP, 
the rules contain the following deficiencies:
     Numerous Director's discretion provisions
     No specified criteria for granting exemptions
     No specified control device efficiency
     No test methods or monitoring protocol
     Inadequate recordkeeping provisions
    A detailed discussion of rule deficiencies can be found in the 
Technical Support Document for Rules 1150.1 and 1150.2 (3/97), which is 
available from the U.S. EPA's Region IX office. Because of these 
deficiencies, the rules are not approvable because the deficiencies are 
not consistent with the interpretation of section 172 of the 1977 CAA 
as found in the Blue Book and may lead to rule enforceability problems.
    Because of the above deficiencies, EPA cannot grant full approval 
of these rules under section 110(k)(3) and Part D. Also, because the 
submitted rules are not composed of separable parts which meet all the 
applicable requirements of the CAA, EPA cannot grant partial approval 
of the rules under section 110(k)(3). However, EPA may grant a limited 
approval of the submitted rules under section 110(k)(3) in light of 
EPA's authority pursuant to section 301(a) to adopt regulations 
necessary to further air quality by strengthening the SIP. The approval 
is limited because EPA's action also contains a simultaneous limited 
disapproval. In order to strengthen the SIP, EPA is finalizing a 
limited approval of SCAQMD's submitted Rules 1150.1 and 1150.2 under 
sections 110(k)(3) and 301(a) of the CAA.
    At the same time, EPA is also finalizing a limited disapproval of 
these rules because they contain deficiencies and, as such, the rules 
do not fully meet the requirements of Part D of the Act. Under section 
179(a)(2), if the Administrator disapproves a submission under section 
110(k) for an area designated nonattainment, based on the submission's 
failure to meet one or more of the elements required by the Act, the 
Administrator must apply one of the sanctions set forth in section 
179(b) unless the deficiency has been corrected within 18 months of 
such disapproval. Section 179(b) provides two sanctions available to 
the Administrator: highway funding and offsets. The 18 month period 
referred to in section 179(a) will begin on the effective date of this 
final limited disapproval. Moreover, this final limited disapproval 
triggers the Federal implementation plan (FIP) requirement under 
section 110(c). It should be noted that the rules covered by this 
direct final rulemaking have been adopted by the SCAQMD and are 
currently in effect in the District. EPA's final limited disapproval 
action will not prevent the District or EPA from enforcing these rules.
    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 a limited approval and 
limited disapproval of the SIP revision should adverse or critical 
comments be filed. This action will be effective July 7, 1997, unless, 
by June 5, 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

[[Page 24576]]

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 July 7, 1997.

Regulatory Process

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. Secs. 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.
    Limited 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. Under the CAA, EPA may not base its 
actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
E.P.A., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).
    EPA's limited disapproval of the State request under sections 110 
and 301 and subchapter I, Part D of the CAA does not affect any 
existing requirements applicable to small entities. Federal disapproval 
of the state submittal does not affect its state enforceability. 
Moreover, EPA's limited disapproval of the submittal does not impose 
any new Federal requirements. Therefore, EPA certifies that this 
limited disapproval action does not have a significant impact on a 
substantial number of small entities because it does not remove 
existing requirements nor does it impose any new Federal requirements.

Petitions for Judicial Review

    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by July 7, 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)).

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. This rule may bind State, local, and tribal governments to perform 
certain actions and also require the private sector to perform certain 
duties. The rules being incorporated into the SIP 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 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.

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).

Executive Order 12866

    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures 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 13, 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.

Subpart F--California

    2. Section 52.220 is amended by adding paragraphs (c)(164)(i)(E) 
and (c)(168)(i)(H)(2) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (164) * * *
    (i) * * *
    (E) South Coast Air Quality Management District.
    (1) Rule 1150.1, adopted on April 5, 1985.
* * * * *
    (168) * * *
    (i) * * *
    (H) * * *
    (2) Rule 1150.2, adopted on October 18, 1985.
* * * * *
[FR Doc. 97-11911 Filed 5-6-97; 8:45 am]
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