[Federal Register Volume 68, Number 38 (Wednesday, February 26, 2003)]
[Rules and Regulations]
[Pages 8839-8841]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 03-4376]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA273-0381a; FRL-7452-3]


Revisions to the California State Implementation Plan, 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 a revision to the 
Imperial County Air Pollution Control District (ICAPCD) portion of the 
California State Implementation Plan (SIP). The revision concerns a 
rule controlling particulate matter (PM) emissions from livestock feed 
yard operations. We are approving a local rule that regulates these 
emission sources under the Clean Air Act as amended in 1990 (CAA or the 
Act).

DATES: This rule is effective on April 28, 2003 without further notice, 
unless EPA receives adverse comments by March 28, 2003. 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, 1001 ``I'' Street, Sacramento, CA 
95814; and, Imperial County Air Pollution Control District, 150 South 
9th Street, El Centro, CA 92243.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, Rulemaking Office 
(AIR-4), U.S. Environmental Protection Agency, Region IX, (415) 947-
4111.

SUPPLEMENTARY INFORMATION: Throughout this document, ``we,'' ``us'' and 
``our'' refer to EPA.

Table of Contents

I. The State's Submittal
    A. What rule did the State submit?
    B. Are there other versions of this rule?
    C. What is the purpose of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How is EPA evaluating the rule?
    B. Does the rule meet the evaluation criteria?
    C. EPA recommendations to further improve the rule.
    D. Public comment and final action.
III. Background Information
    Why was this rule submitted?
IV. Stationary and Executive Order Reviews.

I. The State's Submittal

A. What Rule 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).

[[Page 8840]]



                                            Table 1.--Submitted Rule
----------------------------------------------------------------------------------------------------------------
                                          Rule                  Rule title              Adopted     Submitted
----------------------------------------------------------------------------------------------------------------
ICAPCD..................................          420  Livestock Feed Yards...........     08/13/02     10/16/02
----------------------------------------------------------------------------------------------------------------

    EPA found this rule submittal met the completeness criteria in 40 
CFR part 51, appendix V on December 3, 2002. These criteria must be met 
before formal EPA review may begin.

B. Are There Other Versions of These Rules?

    There is a version of ICAPCD Rule 420 in the SIP. On July 11, 2001, 
EPA gave a limited approval of Rule 420 and adopted it into the SIP. 
Simultaneously, EPA gave a limited disapproval to Rule 420 (66 FR 
36170). There have been no other submittals of Rule 420 prior to the 
one we are acting on today.

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

    ICAPCD Rule 420 is a rule designed to limit particulate matter (PM) 
emissions at livestock feedyard operations. The rule requires that feed 
yards limit their dust emissions using procedures to maintain soil 
moisture and remove manure. The TSD has more information about this 
rule. The following is EPA's evaluation and final action for this rule.

II. EPA's Evaluation and Action

A. How Is EPA Evaluating the Rule?

    Generally, SIP rules must be enforceable (see section 110(a) of the 
Act), must meet Reasonably Available Control Measure (RACM) 
requirements for nonattainment areas (see section 189), and must not 
relax existing requirements (see sections 110(l) and 193). The ICAPCD 
regulates an PM nonattainment area (see 40 CFR part 81), so Rule 420 
must fulfill RACM.
    We used the following guidance and policy documents to define our 
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 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.

B. Does the Rule Meet the Evaluation Criteria?

    EPA's July 2001 limited approval and disapproval identified the 
following deficiencies that must be remedied before we may grant full 
approval:

--The rule contains inappropriate Executive Officer discretion allowing 
for exceptions to compliance with rule's moisture content standard;
--the rule does not have a definition of ``rainy period''; and,
--the rule lacks a test method to determine compliance with the 
moisture content standard.

    Consequently, ICAPCD's August 2002 amendments revised the 
exceptions and test methods portions of the rule. An annual limited 
exception is provided at D.1. for up to 60 days providing an 
alternative dust control plan complies with Rule 401--Opacity and Rule 
407--Nuisance. At D.2. an exception to the maximum 40% soil moisture 
requirement is allowed during rainy period as defined in Rule 101--
Definitions. The test methods for compliance were detailed and expanded 
to prescribe how manure moisture content should be determined.
    As a result of these revisions, we believe Rule 420 is consistent 
with the relevant policy and guidance regarding enforceability and SIP 
relaxations. We are not reviewing the rule as a RACM measure, because 
Imperial County has yet to submit its moderate area PM plan for our 
review. Once we have received this PM plan and its supporting emissions 
inventory information, we will evaluate Rule 420 as a RACM in the 
context of this information. The TSD has more information on our rule 
evaluation.

C. EPA Recommendations to Further Improve the Rules

    EPA has no suggested recommendations.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the Act, EPA is fully 
approving the submitted rule because we believe it fulfills 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 rule. If we 
receive adverse comments by March 28, 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 April 28, 2003. This action will incorporate 
Rule 420 into the federally enforceable SIP.

III. Background Information

Why Was This Rule Submitted?

    Imperial County is an area designated nonattainment for PM-10 and 
is classified as a moderate nonattainment area. Section 189(a) of the 
CAA requires moderate PM-10 nonattainment areas to adopt reasonably 
available control measures (RACM), including reasonably available 
control technology (RACT) for stationary sources of PM-10. Table 2 
lists some of the national milestones leading to the submittal of this 
local agency rule.

                Table 2.--PM-10 Nonattainment Milestones
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                   Date                                Event
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March 3, 1978............................  EPA promulgated a list of
                                            total suspended particulate
                                            (TSP) nonattainment areas
                                            under the provisions of the
                                            1977 Clean Air Act (1977
                                            CAA), (43 FR 8964; 40 CFR
                                            81).
July 1, 1987.............................  EPA replaced the TSP
                                            standards with new PM
                                            standards applying only to
                                            PM up to 10 microns in
                                            diameter (PM-10). (52 FR
                                            24672).

[[Page 8841]]

 
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. On the date of
                                            enactment of the 1990 CAA
                                            Amendments, PM-10 areas
                                            meeting the qualifications
                                            of section 107(d)(4)(B) of
                                            the Act were designated
                                            nonattainment by operation
                                            of law and classified
                                            pursuant to section 188(a).
December 10, 1993........................  Section 189(a)(1)(C) requires
                                            that PM-10 nonattainment
                                            areas implement all
                                            reasonably available control
                                            measures (RACM) by this
                                            date.
------------------------------------------------------------------------

IV. Stationary and Executive Order Reviews

    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 (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 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 April 28, 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, Particulate matter, Reporting 
and recordkeeping requirements.

    Dated: February 3, 2003.
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)(302)(i)(A)(3), 
to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (302) * * *
    (i) * * *
    (A) * * *
    (3) Rule 420 adopted on November 11, 1985, and amended on August 
13, 2002.
* * * * *
[FR Doc. 03-4376 Filed 2-25-03; 8:45 am]
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