[Federal Register Volume 67, Number 111 (Monday, June 10, 2002)]
[Rules and Regulations]
[Pages 39616-39619]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-14207]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 207-0336a; FRL-7224-1]


Revisions to the California State Implementation Plan, Great 
Basin Unified Air Pollution Control District and 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 to approve revisions to the 
Great Basin Unified Air Pollution Control District (GBUAPCD) portion 
and the South Coast Air Quality Management District (SCAQMD) portion of 
the California State Implementation Plan (SIP). These revisions concern 
the emission of particulate matter (PM-10) from GBAPCD open burning/
open detonation (OB/OD) of propellants, explosives, and pyrotechnics 
(PEP); from SCAQMD storage, handling, and transport of coke, coal and 
sulfur; and from SCAQMD paved and unpaved roads and livestock 
operations. We are approving local rules that regulate these emission 
sources under the Clean Air Act as amended in 1990 (CAA or the Act).

DATES: This rule is effective on August 9, 2002, without further 
notice, unless EPA receives adverse comments by July 10, 2002. If we 
receive such comments, 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.
    You can inspect copies of the submitted rule revisions and EPA's 
technical support document (TSD) at our Region IX office during normal 
business hours. You may also see copies of the submitted rule revisions 
and TSD 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, 1001 ``I'' Street, Sacramento, CA 95814.
Great Basin Unified Air Pollution Control District, 157 Short Street, 
Bishop, CA 93514.
South Coast Air Quality Management District, 21865 East Copley Drive, 
Diamond Bar, CA 91765.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX; (415) 947-4118.

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 are the changes in 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. EPA recommendations to further improve the rules
    D. Public comment and final action
III. Background Information
    A. Why were these rules submitted?
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 date that they 
were adopted by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
          Local agency               Rule          Rule title           Adopted           Submitted
----------------------------------------------------------------------------------------------------------------
GBUAPCD.........................  432................  Open Burn/Open       05/08/96           03/10/98
                                                        Detonation
                                                        Operations on
                                                        Military Bases.
SCAQMD..........................  1158...............  Storage, Handling,   06/11/99           10/29/99
                                                        and Transport of
                                                        Coke, Coal and
                                                        Sulfur.
SCAQMD..........................  1186...............  PM 10 Emissions      09/10/99           01/21/00
                                                        from Paved and
                                                        Unpaved Roads and
                                                        Livestock
                                                        Operations.
----------------------------------------------------------------------------------------------------------------

    On May 21, 1998, December 16, 1999, and March 1, 2000, these 
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?

    GBUAPCD Rule 432 is a new rule. We approved into the SIP on January 
15, 1987 (52 FR 1627) a version of SCAQMD Rule 1158, adopted on 
December 2, 1983. We approved into the SIP on February 17, 2000 (65 FR 
8057) a version of SCAQMD Rule 1186, adopted on December 11, 1998.

C. What Are the Changes in the Submitted Rules?

    GBUAPCD Rule 432 is a new rule for open burning/open detonation of 
propellants, explosives, and pyrotechnics (PEP) at military bases that 
includes the following provisions:
     Burn plans are required that specify detonation or 
combustion methods and limit the category and amount of PEP destroyed 
in burn operations.
     OB/OD operations are not allowed when smoke can contribute 
to an exceedance of the NAAQS or cause a public nuisance. Burning is 
prohibited on ``No-Burn Days'' determined by the California Air 
Resources Board.
     PEP destroyed in OB/OD operations cannot contain other 
hazardous waste.
     PEP destroyed in OB/OD operations must be in a condition 
to minimize smoke emission.
     OB/OD must be limited to PEP generated from operations at 
the military base where destroyed.
     Records of OB/OD must be retained for five years.
    SCAQMD Rule 1158 changes are as follows:
     An existing exemption to requiring the enclosure of open 
coke storage piles is deleted.
     The rule is expanded to include coverage of coal and 
sulfur in addition to coke.

[[Page 39617]]

     A 10% opacity (\1/2\ Ringelmann) visible emissions 
standard is added.
     A requirement to pave and maintain surfaces, roads, and 
vehicle movement areas within the facility where material accumulation 
occurs is added.
     Street sweeping frequencies or silt loading limits for 
paved roads and vehicle movement areas inside and outside the facility 
for a distance of one quarter mile are added.
     A spillage cleanup requirement is added.
     A cleanliness standard for trucks leaving the facility is 
added.
     A requirement that trucks/trailers used to transport 
materials be covered and leak resistant is added.
     A requirement that truck unloading be conducted in an 
enclosed structure and controlled by wetting or venting to permitted 
air pollution control equipment is added.
     Requirements for controlling or covering material 
accumulations within the facility are added.
     Requirements for new or replacement conveyors to be 
enclosed and for existing unenclosed conveyors to only transfer 
material moistened to a specific moisture content are added.
     Requirements for material transfer points are added.
     Requirements for loading material onto ships and truck are 
added.
     Requirements for open storage of existing coal and prilled 
sulfur piles are added.
     A requirement that new storage piles must be enclosed is 
added.
     Recordkeeping requirements are extended from one to two 
years.
     A requirement that facilities not electing to conduct 
street sweeping conduct periodic silt loading tests and quarterly truck 
cleanliness tests is added.
    SCAQMD Rule 1186 changes are as follows:
     A District test protocol and standards for certifying 
street sweepers are added.
     The requirements that government agencies acquire 
certified street sweepers for paved roads after January 1, 2000 and 
operate them according to the manufacturer's specifications are added.
     The requirement that manufacturers use the District test 
protocol to obtain the Executive Officer's certification of their 
street sweepers is added.
     The exemption for sources with an approved Rule 1158 plan 
is deleted.
     Definitions related to street sweepers are added.

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 
CAA) and must not relax existing requirements (see sections 110(l) and 
193). Section 189(a) of the CAA requires moderate PM-10 nonattainment 
areas with significant PM-10 sources to adopt reasonably available 
control measures (RACM), including reasonably available control 
technology (RACT). Section 189(b) of the CAA requires serious PM-10 
nonattainment areas with significant PM-10 sources to adopt best 
available control measures (BACM), including best available control 
technology (BACT). RACM/RACT and BACM/BACT are not required for source 
categories that are not significant (de minimis). See Addendum to the 
General Preamble for the Implementation of Title I of the Clean Air Act 
Amendments of 1990, 59 FR 41998 (August 16, 1994).
    The GBUAPCD portion (Inyo County) of the Searles Valley Planning 
Area is a moderate PM-10 nonattainment area. The emission activities 
subject to GBUAPCD Rule 432 at China Lake, California contribute a 
small (1.4%) but not insignificant amount of the total PM-10 emissions 
in Inyo County according to the PM-10 State Implementation Plan for the 
Searles Valley Planning Area (November 1991). Therefore, GBUAPCD Rule 
432 must fulfill the requirements of RACM/RACT.
    The SCAQMD is a serious PM-10 nonattainment area. The PM-10 source 
categories regulated by SCAQMD Rules 1158 and 1186 are significant 
according to the SCAQMD Base and Future Year Emission Inventories 
(November 1996). Therefore, SCAQMD Rules 1158 and 1186 must fulfill the 
requirements of BACM/BACT.
    The following guidance documents were used for reference:
     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
     PM-10 Guideline Document, EPA-452/R-93-008 (April 1993).
     Addendum to the General Preamble for the Implementation of 
Title I of the Clean Air Act Amendments of 1990, 59 FR 41998 (August 
16, 1994)
     Fugitive Dust Background Document and Technical 
Information Document for Best Available Control Measures, U.S. EPA 
(September 1992).

B. Do the Rules Meet the Evaluation Criteria?

    We believe the rules are consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations, and fulfilling 
RACM/RACT and BACM/BACT. The TSDs have more information on our 
evaluation.

C. EPA Recommendations To Further Improve the Rules

    The SCAQMD Rule 1158 TSD describes additional rule revisions that 
do not affect EPA's current action but are recommended for the next 
time the local agency modifies the rule.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, 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 July 10, 2002, 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 August 9, 2002. This will incorporate these 
rules into the federally-enforceable SIP.
    Please note that if EPA receives adverse comment on an amendment, 
paragraph, or section of this direct final rule and if that provision 
may be severed from the remainder of the rule, EPA may adopt as final 
those provisions of the rule that are not the subject of an adverse 
comment.

III. Background Information

A. Why Were These Rules Submitted?

    PM-10 harms human health and the environment. Section 110(a) of the 
CAA requires states to submit regulations that control PM-10 emissions. 
Table 2 lists some of the national milestones leading to the submittal 
of local agency PM-10 rules.

[[Page 39618]]



                                    Table 2.--PM-10 Nonattainment Milestones
----------------------------------------------------------------------------------------------------------------
                    Date                                                     Event
----------------------------------------------------------------------------------------------------------------
March 3, 1978...............................  EPA promulgated a list of total suspended particulate (TSP)
                                               nonattainment areas under the Clean Air Act, as amended in 1977.
                                               43 FR 8964; 40 CFR 81.305.
July 1, 1987................................  EPA replaced the TSP standards with new PM standards applying only
                                               up to 10 microns in diameter (PM-10). 52 FR 24672.
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.
November 15, 1990...........................  PM-10 areas meeting the qualifications of section 107(d)(4)(B) of
                                               the CAA were designated nonattainment by operation of law and
                                               classified as moderate pursuant to section 188(a). States are
                                               required by section 110(a) to submit rules regulating PM-10
                                               emissions in order to achieve the attainment dates specified in
                                               section 188(c).
----------------------------------------------------------------------------------------------------------------

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. For this 
reason, this action is also not subject to Executive Order 13211, 
``Actions Concerning Regulations That Significantly Affect Energy 
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). 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 tribal implications because it will 
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). This action also does not have Federalism 
implications because it does not 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). This action merely approves a state rule 
implementing a Federal standard, and does not alter the relationship or 
the distribution of power and responsibilities established in the CAA. 
This rule also is not subject to Executive Order 13045, ``Protection of 
Children from Environmental Health Risks and Safety Risks'' (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 CAA. 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 CAA. 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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by August 9, 2002. 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, Incorporation by 
reference, Intergovernmental relations, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: May 9, 2002.
Alexis Strauss,
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)(254)(i)(L), 
(270)(i)(C)(3), and (278)(i)(A)(2) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (254) * * *
    (i) * * *
    (L) Great Basin Unified Air Pollution Control District.
    (1) Rule 432, adopted on May 8, 1996.
* * * * *
    (270) * * *
    (i) * * *
    (C) * * *
    (3) Rule 1158, adopted on June 11, 1999.
* * * * *
    (278) * * *
    (i) * * *

[[Page 39619]]

    (A) * * *
    (2) Rule 1186, adopted on September 10, 1999.
* * * * *

[FR Doc. 02-14207 Filed 6-7-02; 8:45 am]
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