[Federal Register Volume 74, Number 242 (Friday, December 18, 2009)]
[Proposed Rules]
[Pages 67154-67156]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E9-30169]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2009-0859, FRL-9093-7]


Revisions to the California State Implementation Plan, San 
Joaquin Valley Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the San Joaquin 
Valley Air Pollution Control District (SJVAPCD) 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 proposing to 
approve local rules that address reduction of animal matter and 
volatile organic compound (VOC) emissions from crude oil production, 
cutback asphalt, and petroleum solvent dry cleaning.

DATES: Any comments must arrive by January 19, 2010.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2009-0859, by one of the following methods:
    1. Federal eRulemaking Portal: http://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 http://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 http://www.regulations.gov or e-mail. http://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 http://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.

[[Page 67155]]


FOR FURTHER INFORMATION CONTACT: Joanne Wells, 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?
    C. What Is the Purpose of the Submitted Rules and 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 Recommendations To Further Improve the 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 addressed by this proposal with the dates 
that they were adopted, amended, or revised by the local air agencies 
and submitted by the California Air Resources Board (CARB).

                               Table 1--Submitted Rules Proposed for Full Approval
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              District                  Rule No.              Rule title              Amended        Submitted
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SJVUAPCD...........................            4104  Reduction of Animal Matter.        12/17/92        08/24/07
SJVUAPCD...........................            4404  Heavy Oil Test Station--           12/17/92        08/24/07
                                                      Kern County.
SJVUAPCD...........................            4641  Cutback, Slow Cure, and            12/17/92        08/24/07
                                                      Emulsified Asphalt, Paving
                                                      and Maintenance Operations.
SJVUAPCD...........................            4672  Petroleum Solvent Dry              12/17/92        08/24/07
                                                      Cleaning Operations.
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    On September 17, 2007, the submittal of August 24, 2007 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?

    Some SIP versions of submitted SJVAPCD rules are old rules from the 
eight counties that now comprise SJVAPCD; other SIP versions are 
SJVAPCD rules that have been renumbered. These SIP-approved rules are 
described below.
    Precursor SIP rules for submitted SJVAPCD Rule 4104:
     Fresno County Rule 414, Reduction of Animal Matter 
(approved on September 22, 1972, 37 FR 19812).
     Kern County Rule 415, Reduction of Animal Matter (approved 
on September 22, 1972, 37 FR 19812).
     Kings County Rule 415, Reduction of Animal Matter 
(approved on September 22, 1972, 37 FR 19812).
     Madera County Rule 421, Reduction of Animal Matter 
(approved on November 18, 1983, 48 FR 52450).
     Merced County Rule 414, Reduction of Animal Matter 
(approved on September 22, 1972, 37 FR 19812).
     San Joaquin County Rule 414, Reduction of Animal Matter 
(approved on August 22, 1977, 42 FR 42219).
     Stanislaus County Rule 414, Reduction of Animal Matter 
(approved on September 22, 1972, 37 FR 19812).
     Tulare County Rule 415, Reduction of Animal Matter 
(approved on September 22, 1972, 37 FR 19812).
    Precursor SIP rule for submitted SJVAPCD Rule 4641:
     SJVAPCD Rule 463.1, Cutback, Slow Cure, and Emulsified 
Asphalt, Paving and Maintenance Operations (amended on September 19, 
1991, approved on June 24, 1992, 57 FR 28089).
    Precursor SIP rule for submitted SJVAPCD Rule 4672:
     SJVAPCD Rule 467.2, Petroleum Solvent Dry Cleaning 
Operations (adopted on April 11, 1991, approved on April 24, 1992, 57 
FR 15026).
    There is no SIP rule for submitted SJVAPCD Rule 4404.

C. What Is the Purpose of the Submitted Rules and 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 new SJVAPCD Rule 4404 is as follows:
     4404: The new rule requires reducing uncontrolled VOC 
emissions from a heavy oil test station by 99%.
    The purposes of amendments to Rules 4104, 4641, and 4672 are as 
follows:
     4104: The requirement for reducing air contaminants during 
the reduction of animal matter by setting a minimum exposure time of 
0.3 seconds at 1200 degrees Fahrenheit is unchanged. The format is 
improved, the rule is renumbered, and the rule applicability is added.
     4641: The rule requires reducing VOC emissions by 
prohibiting the application and manufacturing of certain types of 
asphalt used for paving and maintenance operations. The format is 
improved, the rule is renumbered, and the definition of VOC is deleted.
     4672: The rule requires reducing VOC emissions from 
petroleum solvent dry cleaning operations through implementation of 
various good operating practices and with the use of emission control 
equipment. The format is improved, the rule is renumbered, and the rule 
purpose is added.
    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 
CAA), must require Reasonably Available Control Technology (RACT) for 
each category of sources covered by a Control Techniques Guidelines 
(CTG) document as well as each major source in nonattainment areas (see 
section 182(a)(2)), and must not relax existing requirements (see 
sections 110(l) and 193). The SJVAPCD regulates an ozone nonattainment 
area (see 40 CFR part 81) and must fulfill the requirements of RACT.
    Guidance and policy documents that we used to help evaluate rules 
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. Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, U.S. EPA, 40 CFR part 51.
    3. Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations, EPA (May 25, 1988). [The Bluebook]
    4. 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).
    5. Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies, EPA Region 9 (August 21, 2001). [The Little Bluebook]

[[Page 67156]]

    6. Control of Volatile Organic Compound Emissions from Large 
Petroleum Dry Cleaners, U.S. EPA-450/3-82-009 (September 1982).
    7. Control of Volatile Organic Emissions from Use of Cutback 
Asphalt, U.S. EPA-450/2-77-037 (December 1977).
    8. 2007 Ozone Plan, San Joaquin Valley Air Pollution Control 
District (April 30, 2007). http://www.arb.ca.gov/planning/sip/2007sip/sjv8hr/sjvozone.htm.
    9. RACT Demonstration for Ozone SIP, San Joaquin Valley Air 
Pollution Control District (April 16, 2009). http://www.valleyair.org/Workshops/public_workshops_idx.htm#8hrOzoneRactSIP%2004-16-10.
    10. RACT Analysis for Rules 4104, 4402, 4404, 4453, 4454, 4625, 
4641, and 4672, San Joaquin Valley Air Pollution Control District (June 
12, 2008).

B. Do the Rules Meet the Evaluation Criteria?

    We believe that SJVAPCD Rules 4104, 4404, 4641, and 4672 are 
consistent with the relevant policy and guidance regarding 
enforceability, RACT and SIP relaxations.
    The TSD has more information on our evaluation.

C. EPA Recommendations To Further Improve the Rules

    The TSD describes additional rule revisions that we recommend for 
the next time the local agency modifies the rules.

D. Public Comment and Final Action

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the CAA. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve state 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves state law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by state law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address, as appropriate, disproportionate human health or environmental 
effects, using practicable and legally permissible methods, under 
Executive Order 12898 (59 FR 7629, February 16, 1994).

In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the state, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

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

    Dated: December 2, 2009.
Laura Yoshii,
Acting Regional Administrator, Region IX.
[FR Doc. E9-30169 Filed 12-17-09; 8:45 am]
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