[Federal Register Volume 68, Number 15 (Thursday, January 23, 2003)]
[Rules and Regulations]
[Pages 3190-3192]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-1362]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 271-0374a; FRL-7427-8]


Revisions to the California State Implementation Plan, Santa 
Barbara County Air Pollution Control District and Yolo-Solano Air 
Quality 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 
Santa Barbara County Air Pollution Control District (SBCAPCD) and the 
Yolo-Solano Air Quality Management District (YSAQMD) portions of the 
California State Implementation Plan (SIP). The SBCAPCD revision 
concerns the emission of particulate matter (PM-10) from open fires and 
prescribed burning. The YSAQMD revision concerns the emission of 
volatile organic compounds (VOCs) from the transfer of gasoline at 
dispensing facilities. We are approving the 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 March 24, 2003 without further notice, 
unless EPA receives adverse comments by February 24, 2003. 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 a copy of the submitted rules and EPA's technical 
support documents (TSDs) at our Region IX office during normal business 
hours. You may also see a copy of the submitted rules and TSDs at the 
following locations:

Air and Radiation Docket and Information Center, U.S. Environmental 
Protection Agency, (Mail Code 6102T), Room B-102, 1301 Constitution 
Avenue, NW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 1001 ``I'' Street, Sacramento, CA 95814.
Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, Suite B-23, Goleta, CA 93117.
Yolo-Solano Air Quality Management District, 1947 Galileo Court, 
Suite 103, Davis, CA 95616.

    A copy of a rule may also be available via the Internet at http://www.arb.ca.gov/drdb/drdbltxt.htm. This is not an EPA website and it may 
not contain the same version of the rule that was submitted to EPA. 
Readers should verify that the adoption date of the rule listed is the 
same as the rule submitted to EPA for approval and be aware that the 
official submittal is only available at the agency addresses listed 
above.

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 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
    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 revised by the local air agencies and submitted by the California 
Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                            Rule                 Rule title             Revised     Submitted
----------------------------------------------------------------------------------------------------------------
SBCAPCD...................................          401  Agricultural and Prescribed       05/16/02     08/06/02
                                                          Burning.
YSAQMD....................................         2.22  Gasoline Dispensing               06/12/02     08/06/02
                                                          Facilities.
----------------------------------------------------------------------------------------------------------------

    On August 30, 2002, this submittal was 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 SBCAPCD Rule 401 on May 18, 1981 (46 FR 
27116). We approved a version of YSAQMD Rule 2.22 on February 28, 1984 
(49 FR 7231).

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

    The purposes of the submitted SBCAPCD Rule 401 revisions are as 
follows:
    [sbull] To implement the revised California Smoke Management 
Guidelines.
    [sbull] To minimize smoke impacts.
    [sbull] To establish a collaborative relationship between the 
SBCAPCD and burners.
    [sbull] To provide reduced fuel loads with prescribed burning and 
remove crop waste without smoke impacts.
    The purpose of the submitted rule revisions to YSAQMD Rule 2.22 are 
as follows:
    [sbull] To improve compliance of Phase II vapor systems at gasoline 
dispensing facilities with more strict maintenance and inspection 
programs.
    [sbull] To add new test procedures and perform more frequent 
reverification of performance tests of vapor recovery equipment.
    [sbull] To increase the efficiency of vapor recovery equipment.

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). SIP rules must require BACM/BACT or RACM/RACT for major sources 
in PM-10 nonattainment areas (see sections 189(a) and 189(b)). SIP 
rules must require Reasonably Available Control Technology (RACT) for 
major sources in ozone nonattainment areas (see section 182(a)(2)(A)) 
and must fulfill the special requirements for gasoline vapor recovery 
in ozone nonattainment areas (see section 182(b)(3)(A)).
    The SBCAPCD regulates a PM-10 attainment area (see 40 CFR 81.305), 
so the rule need not require BACM/BACT or RACM/RACT.

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    The YSAQMD regulates serious ozone nonattainment areas in all of 
Yolo County and part of Solano County (see 40 CFR 81.305), so the rule 
must fulfill RACT requirements and fulfill the special requirements for 
gasoline vapor recovery.
    The following guidance documents were used for reference:
    [sbull] Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    [sbull] General Preamble Appendix C3--Prescribed Burning Control 
Measures (57 FR 18072, April 28, 1992).
    [sbull] General Preamble for the Implementation of Title I of the 
Clean Air Act Amendments of 1990, 57 FR 13498, 13540 (April 16, 1992).
    [sbull] 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).
    [sbull] PM-10 Guideline Document, EPA-452/R-93-008.
    [sbull] 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.
    [sbull] Draft Model Rule, Gasoline Dispensing Facility--Stage II 
Vapor Recovery, EPA (August 17, 1992).
    [sbull] Gasoline Vapor Recovery Guidelines, EPA Region IX (April 
24, 2000).

B. Do the Rules Meet the Evaluation Criteria?

    We believe the rules are consistent with the relevant policy and 
guidance regarding enforceability, SIP relaxations, RACT requirements, 
and the special requirements for gasoline vapor recovery. The TSDs have 
more information on our evaluation.

C. 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 February 24, 2003, 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 March 24, 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 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

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.

                Table 2.--PM-10 Nonattainment Milestones
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               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).
------------------------------------------------------------------------

    VOCs help produce ground-level ozone, smog, and particulate matter 
which harm human health and the environment. EPA has established 
National Ambient Air Quality Standards (NAAQS) for ozone. Section 
110(a) of the CAA requires states to submit regulations in order to 
achieve and maintain the NAAQS. Table 3 lists some of the national 
milestones leading to the submittal of these local agency VOC rules.

                Table 3.--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

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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 
(Pub. L. 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. 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 CAA, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 24, 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, Particulate matter, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: December 4, 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 paragraph (c)(303) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (303) New and amended regulations for the following APCDs were 
submitted on August 6, 2002, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Santa Barbara County Air Pollution Control District.
    (1) Rule 401, adopted on October 18, 1971 and revised on May 16, 
2002.
    (B) Yolo Solano Air Quality Management District.
    (1) Rule 2.22, revised on June 12, 2002.
* * * * *
[FR Doc. 03-1362 Filed 1-22-03; 8:45 am]
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