[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.


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    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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