[Federal Register Volume 67, Number 126 (Monday, July 1, 2002)]
[Rules and Regulations]
[Pages 44062-44065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-16361]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 243-0357a; FRL-7232-6]


Revisions to the California State Implementation Plan; Bay Area 
Air Quality Management 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 to approve revisions to the 
portions of the California State Implementation Plan (SIP) that are 
associated with the Bay Area Air Quality Management District (BAAQMD) 
and South Coast Air Quality Management District (SCAQMD). These 
revisions concern volatile organic compound emissions from solid waste 
disposal sites. 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 30, 2002, without further 
notice, unless EPA receives adverse comments by July 31, 2002. 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 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,

[[Page 44063]]

1200 Pennsylvania Avenue, NW., Washington DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109-7799.
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182.

FOR FURTHER INFORMATION CONTACT: Mae Wang, Rulemaking Office (AIR-4), 
U.S. Environmental Protection Agency, Region IX, (415) 947-4124.

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 rule revisions?
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 dates that they 
were adopted by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
               Local agency                   Rule No.             Rule title             Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
BAAQMD....................................         8-34  Solid Waste Disposal Sites...     10/06/99     12/11/00
SCAQMD....................................       1150.1  Control of Gaseous Emissions      03/17/00     07/26/00
                                                          from Municipal Solid Waste
                                                          Landfills.
----------------------------------------------------------------------------------------------------------------

    On February 8, 2001, and October 4, 2000, 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?

    We approved a version of BAAQMD Rule 8-34 into the California SIP 
on March 22, 1995. The BAAQMD adopted revisions to the SIP-approved 
version of Rule 8-34 on July 17, 1996, but this version was not 
submitted for the SIP.
    SCAQMD adopted Rule 1150.1, ``Control of Gaseous Emissions from 
Active Landfills,'' and Rule 1150.2, ``Control of Gaseous Emissions 
from Inactive Landfills,'' on April 5, 1985 and October 18, 1985, 
respectively. On May 6, 1997, EPA published a limited approval/limited 
disapproval of these rules (62 FR 24574). As a result, sanctions clocks 
were started on July 7, 1997. On April 10, 1998, SCAQMD amended Rule 
1150.1 to correct the deficiencies identified in EPA's limited 
disapproval action. SCAQMD also rescinded Rule 1150.2 and incorporated 
the requirements of Rule 1150.2 into amended Rule 1150.1, which was 
retitled: ``Control of Gaseous Emissions from Municipal Solid Waste 
Landfills.'' On June 23, 1998 CARB submitted the amended Rule 1150.1, 
``Control of Gaseous Emissions from Municipal Solid Waste Landfills,'' 
to replace both Rule 1150.1 and Rule 1150.2. On January 6, 1999, EPA 
published a proposed approval of amended Rule 1150.1 (64 FR 818). EPA 
also published an interim final determination that the SCAQMD had 
corrected the deficiencies for which the sanctions clocks began on July 
7, 1997 (64 FR 754). The interim final determination did not stop the 
sanctions clocks but did defer the imposition of sanctions. EPA never 
finalized the proposed approval because SCAQMD had begun working on 
another revision to the rule. SCAQMD amended Rule 1150.1 on March 17, 
2000, and CARB submitted this version of the rule on July 26, 2000.

C. What Is the Purpose of the Submitted Rule Revisions?

    These rules control landfill gas emissions, which include volatile 
organic compounds. Each rule has an associated Technical Support 
Document (TSD) that contains more information about the rule and EPA's 
evaluation.

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 and SCAQMD regulate ozone nonattainment areas (see 40 CFR part 
81), so BAAQMD Rule 8-34 and SCAQMD Rule 1150.1 must fulfill RACT.
    Although there is no Control Technique Guideline document for the 
source category regulated by these rules, the following guidance and 
policy documents were used for reference to help evaluate specific 
enforceability and RACT requirements:
    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. The New Source Performance Standards for Municipal Solid Waste 
Landfills, as found in 40 CFR part 60, Subpart WWW.

B. Do the Rules Meet the Evaluation Criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT, and SIP relaxations. The TSDs 
contain more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSDs describe additional rule recommendations 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 Act, EPA is fully 
approving the submitted rules because we believe they fulfill all 
relevant requirements. This action will also stop the sanctions clocks 
that began on July 7, 1997, for SCAQMD Rules 1150.1 and 1150.2. We do 
not think anyone will object to this approval, so we are finalizing it 
without proposing it in advance. However, in the Proposed Rules section 
of this Federal Register, we are simultaneously proposing approval of 
the same

[[Page 44064]]

submitted rules. If we receive adverse comments by July 31, 2002, we 
will publish a timely withdrawal in the Federal Register to notify the 
public that this 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 30, 
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 rule and if that provision may be severed 
from the remainder of the rule, EPA may adopt as final the provisions 
of this rule that are not the subject of an adverse comment.

III. Background Information

A. Why Were These Rules Submitted?

    Volatile organic compounds (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. 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 Clean 
Air Act. 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 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. 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 August 30, 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)).

[[Page 44065]]

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: June 6, 2002.
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)(280)(i)(A)(3) 
and (c)(285)(i)(C)(2) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (280) * * *
    (i) * * *
    (A) * * *
    (3) Rule 1150.1, adopted on April 5, 1985 and amended on March 17, 
2000.
* * * * *
    (285) * * *
    (i) * * *
    (C) * * *
    (2) Regulation 8, Rule 34, adopted on October 6, 1999.
* * * * *

[FR Doc. 02-16361 Filed 6-28-02; 8:45 am]
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