[Federal Register Volume 66, Number 76 (Thursday, April 19, 2001)]
[Rules and Regulations]
[Pages 20084-20086]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 01-9592]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 241-0274a; FRL-6954-8]


Revisions to the California State Implementation Plan, Bay Area 
Air Quality Management District and 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 
Bay Area Air Quality Management District and the Imperial County Air 
Pollution Control District portions of the California State 
Implementation Plan (SIP). These revisions concern the adoption of 
rules for volatile organic compound (VOC) source categories for the Bay 
Area Air Quality Management District (BAAQMD) and the Imperial County 
Air Pollution Control District (ICAPCD). We are approving these local 
rules under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on June 18, 2001 without further notice, 
unless EPA receives adverse comments by May 21, 2001. 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:

Environmental Protection Agency, Air Docket (6102), Ariel Rios 
Building, 1200 Pennsylvania Avenue, NW., Washington DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109
Imperial County Air Pollution Control District, 150 South Ninth Street, 
El Centro, CA 92243

FOR FURTHER INFORMATION CONTACT: Julie A. Rose, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 744-1184.

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?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. Public comment and final action.
III. Background information.
    A. Why were these rules submitted initially?
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 agency and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                              Rule
               Local  agency                  No.                Rule title               Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
BAAQMD....................................     8-40  Aeration of Contaminated Soil and     12-15-99     03-28-00
                                                      Removal of Underground Storage
                                                      Tanks.
ICAPCD....................................      426  Cutback Asphalt and Emulsified        09-14-99     05-26-00
                                                      Paving Materials.
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[[Page 20085]]

    On May 19, 2000 and October 6, 2000, respectively, 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?

    The previous version of Rule 8-40 was approved into the SIP for the 
Bay Area Air Quality Management District on March 22, 1995. The 
previous version of Rule 426 was approved into the SIP on November 10, 
1982 as Rule 418.1, Cutback Asphalt.

C. What Is the Purpose of the Submitted Rules?

    BAAQMD Rule 8-40 controls the emissions of volatile organic 
compounds (VOC) from soil decontamination and underground storage tank 
removal operations.
    ICAPCD Rule 426 establishes limits for VOC emissions produced by 
the manufacture, mixing, storage, use, and application of cutback and 
emulsified asphalt for paving materials. The TSDs have more information 
about these rules.

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). The 
BAAQMD regulates an ozone nonattainment area and the ICAPCD regulates a 
transitional ozone nonattainment area (see 40 CFR 81).
    Guidance and policy documents that we used to define specific 
enforceability and RACT requirements 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; Clarification to Appendix D of November 24, 1987 Federal 
Register Notice,'' (Blue Book), notice of availability published in the 
May 25, 1988 Federal Register.
    3. EPA's Control Techniques Guidance (CTG), ``Control of Volatile 
Organic Compounds From Use of Cutback Asphalt,'' EPA-450/2-77-037, 
November 1977.
    4. Model Volatile Organic Compound rules for Reasonably Available 
Control Technology, June 1992.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these submitted 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 for ICAPCD Rule 426 describes an additional rule revision 
that does not affect EPA's current action but is recommended for the 
next time the ICAPCD modifies the rule.

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, so 
we are finalizing the approval 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 May 21, 2001, 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 based on the proposal. If we do not receive 
timely adverse comments, the direct final approval will be effective 
without further notice on June 18, 2001. This will incorporate these 
rules into the federally enforceable SIP.

III. Background Information

A. 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
------------------------------------------------------------------------
 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.
------------------------------------------------------------------------

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. 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 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), nor will it 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), because it 
merely approves a state rule implementing a federal standard, and does 
not alter the relationship or the distribution of power

[[Page 20086]]

and responsibilities established in the Clean Air Act. This rule also 
is not subject to Executive Order 13045 (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. As required by section 3 
of Executive Order 12988 (61 FR 4729, February 7, 1996), in issuing 
this rule, EPA has taken the necessary steps to eliminate drafting 
errors and ambiguity, minimize potential litigation, and provide a 
clear legal standard for affected conduct. EPA has complied with 
Executive Order 12630 (53 FR 8859, March 15, 1988) by examining the 
takings implications of the rule in accordance with the ``Attorney 
General's Supplemental Guidelines for the Evaluation of Risk and 
Avoidance of Unanticipated Takings'' issued under the executive order. 
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. section 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. 
section 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 June 18, 2001. 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.

    Dated: March 2, 2001.
Laura Yoshii,
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)(277)(i)(C)(4) 
and (279) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (277) * * *
    (i) * * *
    (C) * * *
    (4) Rule 8-40 amended December 15, 1999.
* * * * *
    (279) New and amended regulations for the following APCDs were 
submitted on May 26, 2000, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Imperial County Air Pollution Control District.
    (1) Rule 426 amended September 14, 1999.
* * * * *

[FR Doc. 01-9592 Filed 4-18-01; 8:45 am]
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