[Federal Register Volume 67, Number 214 (Tuesday, November 5, 2002)]
[Rules and Regulations]
[Pages 67313-67316]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-28077]


-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA242-0373a; FRL-7395-8]


Revisions to the California State Implementation Plan, Imperial 
County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is taking direct final action to approve revisions to the 
Imperial County Air Pollution Control District's (ICAPCD) portion of 
the California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) emissions from Soil Decontamination 
Operations, Organic Solvent Degreasing Operations, and Organic 
Solvents. 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 January 6, 2003 without further 
notice, unless EPA receives adverse comments by December 5, 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 (TSDs) at our Region IX office during 
normal business hours. You may also see copies of the submitted SIP 
revisions at the following locations:

Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, Room B-102, 1301 Constitution Avenue, NW., (Mail 
Code 6102T), Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Imperial County Air Pollution Control District, 150 South 9th Street, 
El Centro, California 92243-2850

    A copy of the rules may also be available via the Internet at 
http://

[[Page 67314]]

www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this is not an 
EPA website and may not contain the same version of the rule that was 
submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Terry McCall, EPA Region IX, (415) 
947-3976.

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 and 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
    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
----------------------------------------------------------------------------------------------------------------
ICAPCD...............................          412  Soil Decontamination                01/16/01        10/30/01
                                                     Operations.
ICAPCD...............................          413  Organic Solvent Cleaning....        01/16/01        10/30/01
ICAPCD...............................          417  Organic Solvents............         9/14/99        05/26/00
----------------------------------------------------------------------------------------------------------------

    On January 18, 2002, for Rules 412 and 413, and on October 6, 2000 
for Rule 417, 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?

    There are no previous versions of Rules 412 and 413 SIP. The ICAPCD 
adopted earlier versions of Rule 417 and CARB submitted them to us on 
November 4, 1977 and October 15, 1979. We approved these versions of 
Rule 417 into the SIP on August 8, 1978 and January 1, 1981. The ICAPCD 
adopted revisions to the 1981 SIP-approved version of Rule 417 on 
September 14, 1999 and CARB submitted them to us on May 26, 2000. While 
we can act on only the most recently submitted version, we have 
reviewed materials provided with previous submittals.

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

    Rule 412--Soil Decontamination Operations, establishes standards to 
reduce the emissions of VOC from soil that has been contaminated with 
organic materials, typically gasoline, jet fuel, or diesel fuel. The 
rule requires VOC emissions from contaminated soil (greater than 50 ppm 
VOC) to be controlled when the soil is being excavated.
    Rule 413--Organic Solvent Degreasing Operations, applies to the 
operation of equipment using organic solvent in degreasing operations. 
The rule reduces emissions of reactive organic compounds (ROC) by 
establishing equipment standards and work practice procedures for cold 
cleaners and open top and conveyorized vapor degreasers.
    Rule 417--Organic Solvents, applies to emissions or organic 
material from heated and unheated operations. Rule 417 reduces 
emissions of ozone precursor compounds from operations that are not 
currently regulated by other District rules. The TSDs have more 
information about Rules 412, 413 and 417.

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). EPA 
has classified Imperial County a ``transitional area'' for attainment 
of the NAAQS for ozone (CAA section 185). Transitional areas are exempt 
from additional nonattainment requirements in CAA part D, subpart 2. 
The exemption will continue until EPA redesignates Imperial County as 
either attainment or nonattainment under CAA section 107(d)(4) (see 57 
FR 113498, 13523-13527). The District is not exempt from the general 
nonattainment requirements in CAA part D, subpart 1.
    Guidance and policy documents that we used to help evaluate 
specific enforceability and RACT requirements consistently 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,'' EPA, May 25, 1988 (the Bluebook).
    3. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
    4. Control of Volatile Organic Emissions from Solvent Metal 
Cleaning. EPA-450/2-77-022, November 1977.
    5. Determination of Reasonably Available Control Technology and 
Best Available Retrofit Control Technology for Organic Solvent Cleaning 
and Degreasing Operations. California Air Resources Board Guidance 
Document. July 18, 1991,

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 TSD 
has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The 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 rules.

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 
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 submitted rules. If we 
receive adverse comments by December 5, 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

[[Page 67315]]

based on the proposal. If we do not receive timely adverse comments, 
the direct final approval will be effective without further notice on 
January 6, 2003. 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 those provisions 
of the rule that are not the subject of an adverse comment.

III. Background Information

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
------------------------------------------------------------------------
                  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. 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. 
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 January 6, 2003. 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, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.


[[Page 67316]]


    Dated: September 30, 2002.
Keith Takata,
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)(279)(i)(A)(8) 
and (288)(i)(D) to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (279) * * *
    (i) * * *
    (A) * * *
    (8) Rule 417 adopted on September 14, 1999.
* * * * *
    (288) * * *
    (i) * * *
    (D) Imperial County Air Pollution Control District.
    (1) Rules 412 and 413 adopted on January 16, 2001.
* * * * *

[FR Doc. 02-28077 Filed 11-4-02; 8:45 am]
BILLING CODE 6560-50-P