[Federal Register Volume 74, Number 86 (Wednesday, May 6, 2009)]
[Rules and Regulations]
[Pages 20877-20880]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-10521]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2008-0891, FRL-8782-7]


Revisions to the California State Implementation Plan, North 
Coast Unified 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 
North Coast Unified Air Quality Management District (NCUAQMD) portion 
of the California State Implementation Plan (SIP). Under authority of 
the Clean Air Act as amended in 1990 (CAA or the Act), we are approving 
local rules that address particulate matter (PM-10) emissions from 
general sources, fugitive sources, and open burning and volatile 
organic compound (VOC) emissions from petroleum loading and storage.

DATES: This rule is effective on July 6, 2009 without further notice, 
unless EPA receives adverse comments by June 5, 2009. 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: Submit comments, identified by docket number EPA-R09-OAR-
2008-0891, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. E-mail: [email protected].
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
94105-3901.
    Instructions: All comments will be included in the public docket 
without change and may be made available online at www.regulations.gov, 
including any personal information provided, unless the comment 
includes Confidential Business Information (CBI) or other information 
whose disclosure is restricted by statute. Information that you 
consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through www.regulations.gov or e-mail. 
www.regulations.gov is an ``anonymous access'' system, and EPA will not 
know your identity or contact information unless you provide it in the 
body of your comment. If you send e-mail directly to EPA, your e-mail 
address will be automatically captured and included as part of the 
public comment. If EPA cannot read your comment due to technical 
difficulties and cannot contact you for clarification, EPA may not be 
able to consider your comment.
    Docket: The index to the docket for this action is available 
electronically at www.regulations.gov and in hard copy at EPA Region 
IX, 75 Hawthorne Street, San Francisco, California. While all documents 
in the docket are listed in the index, some information may be publicly 
available only at the hard copy location (e.g., copyrighted material), 
and some may not be publicly available in either location (e.g., CBI). 
To inspect the hard copy materials, please schedule an appointment 
during normal business hours with the contact listed in the FOR FURTHER 
INFORMATION CONTACT section.

FOR FURTHER INFORMATION CONTACT: Alfred Petersen, EPA Region IX, (415) 
947-4118, [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?

[[Page 20878]]

    C. What are the purposes of the 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 Recommendation to Further Improve Rules
    D. 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 revised by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                District                   Rule No.               Rule title              Revised     Submitted
----------------------------------------------------------------------------------------------------------------
NCUAQMD................................        104.2   Visible Emissions..............     05/19/08     07/18/08
NCUAQMD................................        104.3   Particulate Matter.............     05/19/08     07/18/08
NCUAQMD................................        104.4   Fugitive Dist Emissions........     05/19/08     07/18/08
NCUAQMD................................        104.10  Petroleum Loading and Storage..     05/19/08     07/18/08
NCUAQMD................................        200     Effective Date and Definitions.     05/15/08     07/18/08
NCUAQMD................................        201     General Prohibitions and            05/17/07     07/18/08
                                                        Exemptions for Selected Open
                                                        Burning.
NCUAQMD................................        202     Burn Hours and Notice of            05/15/08     07/18/08
                                                        Ignition.
NCUAQMD................................        203     General Burn Practices,             05/15/08     07/18/08
                                                        Requirements, and Conditions.
NCUAQMD................................        204     Ignition Devices and Methods...     05/15/08     07/18/08
NCUAQMD................................        205     Certificates from Department of     07/18/03     07/18/08
                                                        Fish and Game.
NCUAQMD................................        206     Burning at Disposal Sites......     12/16/04     07/18/08
NCUAQMD................................        207     Wildland Vegetation Management      05/15/08     07/18/08
                                                        Burning.
NCUAQMD................................        208     Burn Registration Program......     05/15/08     07/18/08
----------------------------------------------------------------------------------------------------------------

    On August 22, 2008, the submittal of July 18, 2008 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 the Rules 410 and 420 versions of NCUAQMD Rules 104.2 
and 104.3 into the SIP on October 31, 1980 (45 FR 72147). We approved 
the Rules 430 and 482 versions of NCUAQMD Rules 104.5 and 104.10 into 
the SIP on August 2, 1978 (43 FR 33912).
    We approved the Rules 2-100, 2-200, 2-300, 2-400, 2-500, versions 
of NCUAQMD Rules 200 through 208 into the SIP on January 29, 1985 (50 
FR 3907). The Appendix A, Appendix B, and Appendix C to the SIP rules 
were approved on April 18, 1982 (47 FR 15784).

C. What are the purposes of the rule revisions?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, oxides of nitrogen, 
particulate matter, and other air pollutants which harm human health 
and the environment. These rules were developed as part of the local 
agency's program to control these pollutants.
    The purpose of the amendment to NCUAQMD Rule 104.2 is as follows:
     104.2.3: A section is added to the rule to prohibit a 
Kraft recovery furnace from discharging into the atmosphere gases with 
greater than 20% opacity, except that this does not apply during 
periods of start-up, shutdown, or breakdown of a Kraft recovery 
furnace.
    The purposes of amendments to NCUAQMD Rule 104.3 are as follows:
     104.3.4.1.2: A provision is added to the rule to prohibit 
the emissions of particulate matter from exceeding 0.025 grains per 
standard cubic foot of exhaust gas from a new or modified Kraft 
recovery furnace.
     104.3.4.3.1: A provision is added to the rule to prohibit 
the emissions of particulate matter from exceeding 0.5 pounds per ton 
of Kraft pulp mill production from any Kraft smelt dissolving tank.
     104.3.4.1.2: A provision is added to the rule to prohibit 
the emissions of particulate matter from exceeding 0.2 pounds per ton 
of black liquor solids from a new or modified Kraft smelt dissolving 
tank.
     104.3.6: A formula is added to the rule to calculate 
limits for particulate emissions from geothermal wells.
    The purpose of the amendment to NCUAQMD Rule 104.4 is as follows:
     104.4.1: The language of the prohibition on handling 
materials with unnecessary emission of particulates was revised without 
any change in meaning.
    The purposes of the amendments to NCUAQMD Rule 104.10 are as 
follows:
     482.c.1 (SIP rule): The exemption for stationary tanks 
installed prior to December 31, 1970 is removed.
     104.10.1: The reference to Federal New Source Performance 
Standards (NSPS) for all tanks in excess of 40,000 gallons is changed 
to Rule 104.11, ``Federal New Source Performance Standards.''
    The purposes of the amendments to SIP NCUAQMD Rules 2-100, 2-200, 
2-300, 2-400, 2-500, Appendix A, Appendix B, and Appendix C are as 
follows:
     These rules are completely revised in numbering, content, 
and format to become NCUAQMD Rules 200 through 208.
     102.2.01 (SIP): The exemption for an imminent fire hazard 
is removed.
     102.5 (SIP): The exemption for fires conducted in a 
mechanized burner is removed.
     200.2.0: Sixteen new definitions were added to clarify new 
features in the rule.
     200.2.9: A limited exemption is added for fire hazard 
reduction by burning at multi-unit residential facilities and 
commercial entities.
     200.2.9: An exemption is added for ceremonial fires.
     201: Provisions are added to base a Permissive-Burn Day 
decision on meteorological conditions that will not cause a violation 
of the National Ambient Air Quality Standards or cause excessive 
transport of pollutants. A provision is added to the rules for a No-
Burn Day for burn barrels if the risk of a fire hazard is too great.
     202: Revisions to burn hours and the requirement to 
provide notice of ignition are added.
     203: Prohibitions on the use of burn barrels are added in 
certain portions of the District. Revisions to the rules include drying 
requirements and the arrangement of burnable waste.
     204: Waste ignition requirements are added to the rule.
     205: Included is a revised requirement for a certificate 
from the California Fish and Game stating that

[[Page 20879]]

agricultural burning for the sole purpose of habitat improvement is 
proper.
     206: A prohibition is added for burning rubbish or garbage 
at disposal sites. An allowance is added for the APCO to approve 
burning of natural vegetation at disposal sites.
     207: An expanded section for Wildland Vegetation 
Management Burning is provided that includes (a) a burn plan, (b) an 
acreage limit per day, and (c) an advance permissive-burn notice.
     208: A Burn Registration Program is added for agricultural 
or prescribed burning projects that includes (a) an annual registration 
with the District of planned burn projects, (b) a daily burn 
authorization system operated by the District, and (c) smoke management 
planning that considers possible remedial actions on various burning 
contingencies listed in the rule.

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). NCUAQMD is an attainment area for PM-10 and for 8-hr ozone 
ambient air quality standards.
    Evaluation of the rules follows:
     NCUAQMD Rule 104.2: The rule improves the SIP, because the 
rule stringency is increased by adding an opacity standard for 
emissions from a Kraft recovery furnace. The rule is enforceable and 
should be given full approval.
     NCUAQMD Rule 104.3: The rule improves the SIP, because 
four provisions to limit particulate matter emissions from Kraft 
process units and recovery wells are added to the rule to increase 
stringency. The rule is enforceable and should be given full approval.
     NCUAQMD Rule 104.4: The rule improves the SIP by revising 
language to improve clarity of requirements. The rule is enforceable 
and should be given full approval.
     NCUAQMD Rule 104.10: The rule improves the SIP by removing 
the exemption for tanks in excess of 40,000 gallons installed before 
December 31, 1970. The rule enforceability by EPA may be limited, 
because federal NSPS standards are referenced by NCUAQMD Rule 104.11, 
``Federal NSPS,'' which is not in the SIP. References to rule 
requirements should be in the SIP or in publications available to the 
public. This enforceablility issue also existed in the current SIP rule 
approved by EPA. Therefore, we will make a recommendation for 
correction of the enforceability issue in a future revision of the 
rule, which should be given full approval.
     NCUAQMD Rule 200-208: The rules improve the SIP by adding 
various requirements to increase the stringency of the rules and by 
improving clarity. The rules are enforceable and should be given full 
approval.
    Guidance and policy documents that we used to help evaluate 
specific enforceability requirements consistently include the 
following:
    1. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations, EPA (May 25, 1988). [The Bluebook]
    2. 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 that NCUAQMD Rules 104.2, 104.3, 104.4, 104.10, and 200 
through 208 are consistent with the relevant policy and guidance 
regarding enforceability and SIP relaxations and should be given full 
approval.
    The TSD has more information on our evaluation.

C. EPA Recommendation to Further Improve Rules

    A recommendation is made in the TSD to improve NCUAQMD Rules 104.2 
and 104.10 at the next rule revision without affecting the current 
approvability.

D. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, EPA is fully 
approving NCUAQMD Rules 104.2, 104.3, 104.4, 104.10, and 200 through 
208 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 June 5, 
2009, 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 July 6, 
2009. 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, 
``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.

[[Page 20880]]

    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 July 6, 2009. 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: April 20, 2009.
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 paragraphs (c)(359) to read as 
follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (359) New and amended regulations were submitted on July 18, 2008, 
by the Governor's designee.
    (i) Incorporation by reference.
    (A) North Coast Unified Air Quality Management District.
    (1) Rule 104.2, ``Visible Emissions,'' Rule 104.3, ``Particulate 
Matter,'' Rule 104.4, ``Fugitive Dust Emissions,'' and Rule 104.10, 
``Petroleum Loading and Storage,'' originally adopted on November 3, 
1982 and revised on May 19, 2005.
    (2) Rule 200, ``Effective Date and Definitions,'' Rule 202, ``Burn 
Hours and Notice of Ignition,'' Rule 203, ``General Burn Practices, 
Requirements, and Conditions,'' Rule 204, ``Ignition Devices and 
Methods,'' Rule 207, ``Wildland Vegetation Management,'' and Rule 208, 
``Burn Registration Program,'' originally adopted on July 18, 2003 and 
revised on May 15, 2005; Rule 201, ``General Prohibitions and 
Exemptions for Selected Open Burning'' originally adopted on July 18, 
2003 and revised on May 17, 2007; Rule 205, ``Certificates from 
Department of Fish and Game,'' adopted on July 18, 2003; and Rule 206, 
``Burning at Disposal Sites,'' originally adopted on July 18, 2003 and 
revised on December 16, 2004.

[FR Doc. E9-10521 Filed 5-5-09; 8:45 am]
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