[Federal Register Volume 64, Number 3 (Wednesday, January 6, 1999)]
[Proposed Rules]
[Pages 818-820]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 99-14]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 211-0117; FRL-6212-1]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, South Coast Air Quality Management 
District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the California State 
Implementation Plan (SIP) which concern the control of volatile organic 
compound (VOC) emissions from municipal solid waste landfills.
    The intended effect of proposing approval of this rule is to 
regulate emissions of VOCs in accordance with the requirements of the 
Clean Air Act, as amended in 1990 (CAA or the Act). EPA's final action 
will incorporate this rule into the federally approved SIP. In 
addition, final action on this rule will serve as a final determination 
that deficiencies in the rule (identified by EPA in a limited approval/
limited disapproval action on May 6, 1997) have been corrected and that 
any sanctions or Federal Implementation Plan (FIP) obligations are 
permanently stopped. An Interim Final Determination published in 
today's Federal Register will defer the imposition of sanctions until 
EPA takes final action. EPA has evaluated the rule and is proposing to 
approve the rule 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: Comments must be received on or before February 5, 1999.

ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the rule and EPA's evaluation report of the rule are 
available for public inspection at EPA's Region IX office during normal 
business hours. Copies of the submitted rule are also available for 
inspection at the following locations:

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, (415) 744-1188.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rule being proposed for approval into the California SIP is 
South Coast Air Quality Management District (SCAQMD) Rule 1150.1, 
Control of Gaseous Emissions from Municipal Solid Waste Landfills. This 
rule was submitted by the California Air Resources Board (CARB) to EPA 
on June 23, 1998. 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, 1997.1
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    \1\ 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 Antelope Valley region in Los Angeles County is 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).
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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 CAA or pre-amended Act), that included 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 pre-amended Act, that the SCAQMD's portion of the California SIP 
was inadequate to attain and maintain the ozone standard and requested 
that deficiencies in the existing SIP be corrected (EPA's SIP-Call). 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.
    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 guidance.2 EPA's SIP-Call used 
that

[[Page 819]]

guidance to indicate the necessary corrections for specific 
nonattainment areas. The Los Angeles-South Coast Air Basin Area is 
classified as extreme; 3 therefore, this area was subject to 
the RACT fix-up requirement and the May 15, 1991 deadline.
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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).
    \3\ The Los Angeles-South Coast Air Basin Area retained its 
designation of nonattainment and was classified by operation of law 
pursuant to sections 107(d) and 181(a) upon the date of enactment of 
the CAA. See 56 FR 56694 (November 6, 1991).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on June 23, 1998, including the rule being 
acted on in this document. This document addresses EPA's proposed 
action for SCAQMD Rule 1150.1, Control of Gaseous Emissions from 
Municipal Solid Waste Landfills. SCAQMD adopted Rule 1150.1 on April 
10, 1998. This submitted rule was found to be complete on August 25, 
1998 pursuant to EPA's completeness criteria that are set forth in 40 
CFR part 51 Appendix V 4 and is being proposed for approval 
into the SIP.
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    \4\ 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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    Rule 1150.1 controls the emissions of VOCs from municipal solid 
waste landfills. VOCs contribute to the production of ground-level 
ozone and smog. The rule was adopted as part of SCAQMD's efforts to 
achieve the National Ambient Air Quality Standard (NAAQS) for ozone and 
in response to EPA's SIP-Call and the section 182(a)(2)(A) CAA 
requirement. The following is EPA's evaluation and proposed action for 
the rule.

III. EPA Evaluation and Proposed 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). EPA's interpretation of these requirements, 
which forms the basis for today's action, appears in the various EPA 
policy guidance documents listed in footnote 2. 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). For source 
categories that do not have an applicable CTG (such as municipal solid 
waste 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 2. In general, these guidance documents have 
been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    On May 6, 1997, EPA published a limited approval and a limited 
disapproval of Rule 1150.1, Control of Gaseous Emissions from Active 
Landfills, that had been adopted by SCAQMD on April 5, 1985 and Rule 
1150.2, Control of Gaseous Emissions from Inactive Landfills, that had 
been adopted by SCAQMD on October 18, 1985. (62 FR 24574) The limited 
approval action incorporated these rules into the SIP despite 
deficiencies in the rules that precluded full approval. SCAQMD's 
submitted Rule 1150.1, Control of Gaseous Emissions from Municipal 
Solid Waste Landfills, is intended to replace both rules and contains 
the following significant changes from the current SIP:
     Deletes provisions providing for director's discretion in 
violation of CAA section 110(i)
     Adds specific criteria for landfill gas collection and 
control system
     Adds specific exemption criteria
     Adds EPA-approved test methods and monitoring protocol
     Adds adequate recordkeeping requirements
     Increases records retention period from two to five years
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
SCAQMD Rule 1150.1, Control of Gaseous Emissions from Municipal Solid 
Waste Landfills, is being proposed for approval 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 request for 
revision to any state 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.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from Executive Order (E.O.) 12866, Regulatory 
Planning and Review.

B. Executive Order 12875

    Under E.O. 12875, Enhancing the Intergovernmental Partnership, EPA 
may not issue a regulation that is not required by statute and that 
creates a mandate upon a State, local or tribal government, unless the 
Federal government provides the funds necessary to pay the direct 
compliance costs incurred by those governments, or EPA consults with 
those governments. If EPA complies by consulting, E.O. 12875 requires 
EPA to provide to the OMB a description of the extent of EPA's prior 
consultation with representatives of affected State, local and tribal 
governments, the nature of their concerns, copies of any written 
communications from the governments, and a statement supporting the 
need to issue the regulation. In addition, E.O. 12875 requires EPA to 
develop an effective process permitting elected officials and other 
representatives of State, local and tribal governments ``to provide 
meaningful and timely input in the development of regulatory proposals 
containing significant unfunded mandates.'' Today's rule does not 
create a mandate on State, local or tribal governments. The rule does 
not impose any enforceable duties on these entities. Accordingly, the 
requirements of section 1(a) of E.O. 12875 do not apply to this rule.

C. Executive Order 13045

    Protection of Children from Environmental Health Risks and Safety 
Risks (62 FR 19885, April 23, 1997), applies to any rule that: (1) is 
determined to be ``economically significant'' as defined under E.O. 
12866, and (2) concerns an environmental health or safety risk that EPA 
has reason to believe may have a disproportionate effect on children. 
If the regulatory action meets both criteria, the Agency must evaluate 
the environmental health or safety effects of the planned rule on 
children, and explain why the planned regulation is preferable to other 
potentially effective

[[Page 820]]

and reasonably feasible alternatives considered by the Agency. This 
rule is not subject to E.O. 13045 because it is does not involve 
decisions intended to mitigate environmental health or safety risks.

D. Executive Order 13084

    Under E.O. 13084, Consultation and Coordination with Indian Tribal 
Governments, EPA may not issue a regulation that is not required by 
statute, that significantly or uniquely affects the communities of 
Indian tribal governments, and that imposes substantial direct 
compliance costs on those communities, unless the Federal government 
provides the funds necessary to pay the direct compliance costs 
incurred by the tribal governments, or EPA consults with those 
governments. If EPA complies by consulting, E.O. 13084 requires EPA to 
provide to the OMB, in a separately identified section of the preamble 
to the rule, a description of the extent of EPA's prior consultation 
with representatives of affected tribal governments, a summary of the 
nature of their concerns, and a statement supporting the need to issue 
the regulation. In addition, E.O. 13084 requires EPA to develop an 
effective process permitting elected officials and other 
representatives of Indian tribal governments ``to provide meaningful 
and timely input in the development of regulatory policies on matters 
that significantly or uniquely affect their communities.'' Today's rule 
does not significantly or uniquely affect the communities of Indian 
tribal governments. Accordingly, the requirements of section 3(b) of 
E.O. 13084 do not apply to this rule.

E. Regulatory Flexibility Act

    The Regulatory Flexibility Act (RFA) generally requires an agency 
to conduct a regulatory flexibility analysis of any rule subject to 
notice and comment rulemaking requirements unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. Small entities include small 
businesses, small not-for-profit enterprises, and small governmental 
jurisdictions. This final rule will not have a significant impact on a 
substantial number of small entities because 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 
create any new requirements, I certify that this action will not have a 
significant economic impact on a substantial number of small entities. 
Moreover, due to the nature of the Federal-State relationship under the 
Clean Air Act, preparation of 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).

F. 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 
annual 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 annual 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 
requirements. Accordingly, no additional costs to State, local, or 
tribal governments, or to the private sector, result from this action.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compound.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: December 18, 1998.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. 99-14 Filed 1-5-99; 8:45 am]
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