[Federal Register Volume 69, Number 139 (Wednesday, July 21, 2004)]
[Rules and Regulations]
[Pages 43518-43520]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 04-16570]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA287-0458; FRL-7781-9]


Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing approval of revisions to the South Coast Air 
Quality Management District (SCAQMD) portion of the California State 
Implementation Plan (SIP). These revisions were proposed in the Federal 
Register on March 22, 2004 and concern volatile organic compound (VOC) 
and ammonia (NH3) 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 August 20, 2004.

ADDRESSES: You can inspect copies of the administrative record for this 
action at EPA's Region IX office during normal business hours by 
appointment. You can inspect copies of the submitted SIP revisions by 
appointment at the following locations:

Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105-3901.
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.
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

[[Page 43519]]

either (415) 947-4111, or [email protected].

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

I. Proposed Action

    On March 22, 2004 (69 FR 13272 and 69 FR 13225), EPA proposed to 
approve the following rules into the California SIP.

----------------------------------------------------------------------------------------------------------------
                                       Rule                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               01/10/03        06/05/03
                                                     Activities.
SCAQMD...............................       1133.2  Emission Reductions From Co-        01/10/03        06/05/03
                                                     Composting Operations.
----------------------------------------------------------------------------------------------------------------

    We proposed to approve these rules because we determined that they 
complied with the relevant CAA requirements. Our proposed action 
contains more information on the rules and our evaluation.

II. Public Comments and EPA Responses

    EPA's proposed action provided a 30-day public comment period. 
During this period, we received a comment from the following party.
    1. Bob Engel; electronic mail dated April 14, 2004. The comment is 
summarized below.
    Comment: Mr. Engel opposed our approval action because the SCAQMD 
rules did not consider the cumulative good composting does for the 
environment. He then cited several of EPA's internet Web sites related 
to waste reduction, recycling, and their relationship to greenhouse 
gases. Finally, Mr. Engel suggested that EPA did not consider the 
effect of no action by SCAQMD.
    EPA Response: To review, SCAQMD 1133, 1133.1, and 1133.2 are 
concerned with reducing VOC and NH3 emissions from composting that 
contribute to ground-level ozone and secondary particulate matter. Mr. 
Engel's comments do not address directly these primary objectives of 
Rules 1133, 1133.1, and 1133.2. Instead, the comments ask EPA to 
consider not approving the rules because of their supposed detrimental 
effect on the composting industry. In the discussion that follows, we 
review briefly SCAQMD supporting documents concerning these issues.
    As part of their rule development effort, SCAQMD did a technology 
review of the composting industry and assessed the cost-effectiveness 
of Rules 1133, 1133.1, and 1133.2. Depending on the compliance scenario 
chosen, the combined cost-effectiveness per ton of VOC and NH3 reduced 
ranged from $6487 to $15,373; figures relatively consistent with other 
SCAQMD regulations. SCAQMD estimated that these compliance costs ranged 
from $0.004 to $0.25 per month when passed on to air basin households.
    In December 2002, SCAQMD did a Final Environmental Assessment (EA) 
as part of their compliance with the California Environmental Quality 
Act (CEQA). SCAQMD's determined that Rules 1133, 1133.1, and 1133.2 had 
no significant environmental impacts requiring mitigation. The EA 
reviewed potential impacts on air quality, energy, water quality, 
geology, and solid/hazardous waste, as well as, other required topics. 
Regarding impacts on solid waste disposal, SCAQMD found that composting 
facilities are neither expected to close, nor to divert composting 
feedstock to landfills due to Rules 1133, 1133.1, and 1133.2.
    In sum, the rules' compliance costs are consistent with other 
SCAQMD regulations and the rules are predicted to have no negative 
environmental impacts across multiple issue areas including solid waste 
disposal. Given these conclusions and the air quality improvement 
expected due to VOC and NH3 emission reductions, we assert that that 
the rules most likely result in a net benefit to the environment beyond 
that suggested by a no action alternative.

III. EPA Action

    No comments were submitted that change our assessment that the 
submitted rules comply with the relevant CAA requirements. Therefore, 
as authorized in section 110(k)(3) of the Act, EPA is fully approving 
these rules into the California SIP.

IV. 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, 
``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

[[Page 43520]]

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 September 20, 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, Incorporation by 
reference, Intergovernmental relations, Ozone, Reporting and 
recordkeeping requirements, Volatile organic compounds.

    Dated: June 17, 2004.
Nancy Lindsay,
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. 04-16570 Filed 7-20-04; 8:45 am]
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