[Federal Register Volume 69, Number 55 (Monday, March 22, 2004)]
[Rules and Regulations]
[Pages 13225-13227]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-6212]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA287-0428a; FRL-7628-3]


Revisions to the California State Implementation Plan, 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 
South Coast Air Quality Management District (SCAQMD) portion of the 
California State Implementation Plan (SIP). These revisions concern 
volatile organic compound (VOC) and ammonia emissions from composting 
and related activities. 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 May 21, 2004 without further notice, 
unless EPA receives adverse comments by April 21, 2004. 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: Send comments to Andy Steckel, Rulemaking Office Chief (AIR-
4), U.S. Environmental Protection Agency, Region IX, 75 Hawthorne 
Street, San Francisco, CA 94105-3901, or e-mail to 
[email protected], or submit comments at http://www.regulations.gov.
    You can inspect copies of the submitted SIP revisions, EPA's 
technical support documents (TSDs), and public comments at our Region 
IX office during normal business hours by appointment. You may also see 
copies of the submitted SIP revisions by appointment 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; and,
South Coast Air Quality Management District, 21865 East Copley 
Drive, Diamond Bar, CA 91765-4182.

    A copy of the rule may also be available via the Internet at 
http://www.arb.ca.gov/drdb/drdbltxt.htm. Please be advised that this 
is not an EPA Web site and may not contain the same version of the 
rule that was submitted to EPA.

FOR FURTHER INFORMATION CONTACT: Jerald S. Wamsley, EPA Region IX, at 
either (415) 947-4111, or [email protected].

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. Statutory and Executive Order Reviews.

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).

[[Page 13226]]



                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                  Rule
                 Local agency                               Rule title              Adopted   Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD.......................................       1133  Composting and Related             01/10/03   06/05/03
                                                           Operations--General
                                                           Administrative Requirements.
SCAQMD.......................................     1133.1  Chipping and Grinding Activities   01/10/03   06/05/03
SCAQMD.......................................     1133.2  Emission Reductions from Co-       01/10/03   06/05/03
                                                           Composting Operations.
----------------------------------------------------------------------------------------------------------------

    On July 18, 2003, EPA found these rule submittals met the 
completeness criteria in 40 CFR part 51, appendix V. These criteria 
must be met before formal EPA review can begin.

B. Are There Other Versions of These Rules?

    There are no previous versions of Rules 1133, 1133.1 and 1133.2 in 
the SIP.

C. What Is the Purpose of the Submitted Rules?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Also, ammonia combines with other 
compounds, usually oxides of nitrogen, to form particulate matter. 
Section 110(a) of the CAA requires states to submit regulations that 
control VOC and particulate matter emissions.
    Rule 1133 is an administrative rule that requires composting, 
chipping, and/or grinding facilities to register with the District. 
These facilities provide information such as types and amounts of 
feedstocks produced, and a description of the processes used at the 
facility. This information is updated annually. Rule 1133 includes the 
following provisions:

--Purpose and applicability;
--definitions of terms used within the rule;
--registration requirements;
--registration process;
--fees; and,
--exemptions from the rule.

    Rule 1133.1 establishes holding or processing time requirements for 
green waste and food waste chipping and grinding activities. The rule's 
objective is to prevent inadvertent decomposition caused by stockpiling 
of composting waste for extended time periods. Rule 1133.1 includes the 
following provisions:

--Purpose and applicability;
--definitions of terms used within the rule;
--emission reduction requirements;
--registration process;
--fees; and,
--exemptions from the rule.

    Rule 1133.2 establishes control requirements for new and existing 
co-composting operations. Facilities may comply with the rule via two 
options. First, a facility can enclose and forced air aerate its 
compost curing operations; then, it directs all volatile organic 
compound (VOC) and ammonia emissions to an emission control device that 
reduces emissions by 80 percent. In the second option, as part of a 
compliance plan review process, a new co-composting facility may use 
any combination of composting methods and emission controls, such as 
add-on control devices, process controls, or best management practices, 
to meet an 80 percent emission reduction. Existing facilities may use a 
similar process to meet a 70 emission reduction requirement. All 
compliance options require source testing to verify compliance with the 
rule's requirements. SCAQMD's Rule 1133.2 includes the following 
provisions:

--Purpose and applicability;
--definitions of terms used within the rule;
--emission reduction requirements;
--compliance plan requirements;
--compliance schedules;
--test methods and protocols for determining compliance;
--recordkeeping requirements;
--plan fees; and,
--exemptions from the rule.
    The TSD has more information about these rules.

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 
SCAQMD regulates an ozone nonattainment area (see 40 CFR part 81), so 
Rules 1133, 1133.1, and 1133.2 must fulfill RACT.
    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).

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. 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 April 21, 2004, 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 May 21, 2004. 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. Statutory 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,

[[Page 13227]]

``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 May 21, 2004. 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, Ammonia, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    Dated: January 15, 2004.
Laura Yoshii,
Acting Regional Administrator, Region IX.

0
Part 52, Chapter I, Title 40 of the Code of Federal Regulations is 
amended as follows:

PART 52--[AMENDED]

0
1. The authority citation for part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401 et seq.

Subpart F--California

0
2. Section 52.220 is amended by adding paragraph (c)(316)(i)(D) to read 
as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (316) * * *
    (i) * * *
    (D) South Coast Air Quality Management District.
    (1) Rule 1133 adopted on January 10, 2003; Rule 1133.1 adopted on 
January 10, 2003; and, Rule 1133.2 adopted on January 10, 2003.
* * * * *
[FR Doc. 04-6212 Filed 3-19-04; 8:45 am]
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