[Federal Register Volume 76, Number 225 (Tuesday, November 22, 2011)]
[Proposed Rules]
[Pages 72142-72144]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2011-30156]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[EPA-R09-OAR-2011-0875; FRL-9495-1]


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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

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SUMMARY: EPA is proposing to approve revisions to the South Coast Air 
Quality Management District portion of the California State 
Implementation Plan (SIP). These revisions concern particulate matter 
(PM) emissions from paved and unpaved roads and livestock operations 
and aggregate and related operations. We are approving local rules that 
regulate these emission sources under the Clean Air Act as amended in 
1990 (CAA or the Act). We are taking comments on this proposal and plan 
to follow with a final action.

DATE: Any comments must arrive by December 22, 2011.

ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2011-0875, by one of the following methods:
    1. Federal eRulemaking Portal: http://www.regulations.gov. Follow 
the on-line instructions.
    2. Email: [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

[[Page 72143]]

you consider CBI or otherwise protected should be clearly identified as 
such and should not be submitted through http://www.regulations.gov or 
email. 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 email directly to 
EPA, your email 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: Generally, documents in the docket for this action are 
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 at http://www.regulations.gov, 
some information may be publicly available only at the hard copy 
location (e.g., copyrighted material, large maps), 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: Christine Vineyard, EPA Region IX, 
(415) 947-4125, [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 rule and rule revision?
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 by the local air agency and submitted by the 
California Air Resources Board.

                                            Table 1--Submitted Rules
----------------------------------------------------------------------------------------------------------------
             Local agency                  Rule No.            Rule title             Adopted        Submitted
----------------------------------------------------------------------------------------------------------------
SCAQMD................................            1157  PM10 Emission Reduction       09/06/2006      05/17/2010
                                                         from Aggregate and
                                                         Related Operations.
SCAQMD................................            1186  PM10 Emissions from           07/11/2008      12/23/2008
                                                         Paved and Unpaved Roads
                                                         and Livestock
                                                         Operations.
----------------------------------------------------------------------------------------------------------------

    On June 8, 2010 and April 20, 2009, EPA determined that the 
submittals for SCAQMD Rule 1157 and Rule 1186, respectively, met 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?

    There is no previous version of Rule 1157 in the SIP, although the 
SCAQMD adopted an earlier version of this rule on January 7, 2005 which 
was not submitted to us. Rule 1157 was amended on September 6, 2006, 
and CARB submitted it to us on May 17, 2010. We approved an earlier 
version of Rule 1186 into the SIP on November 14, 2005 (70 FR 69081). 
The SCAQMD adopted a revision to the SIP-approved version on July 11, 
2008 and CARB submitted it to us on December 23, 2008.

C. What is the purpose of the submitted rule and rule revision?

    PM contributes to effects that are harmful to human health and the 
environment, including premature mortality, aggravation of respiratory 
and cardiovascular disease, decreased lung function, visibility 
impairment, and damage to vegetation and ecosystems. Section 110(a) of 
the CAA requires States to submit regulations that control PM 
emissions. Rule 1157 reduces fugitive dust PM10 emissions from 
aggregate and related operations including loading and unloading 
activities, process equipment, open storage piles, unpaved and paved 
roads inside the facilities, and track out. Amended Rule 1186 controls 
PM from paved and unpaved public roads, and livestock operations. The 
rule was amended to require submission of data to demonstrate that the 
street sweeper performance has not been affected by requirements in the 
SIP-approved rule; and also to establish a process by which aftermarket 
parts suppliers may qualify to sell replacement parts while maintaining 
the original equipment certification. EPA's technical support documents 
(TSDs) have 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) and must not relax existing requirements (see sections 110(l) and 
193). In addition, SIP rules must implement Reasonably Available 
Control Measures (RACM), including Reasonably Available Control 
Technology (RACT), in moderate PM nonattainment areas, and Best 
Available Control Measures (BACM), including Best Available Control 
Technology (BACT), in serious PM nonattainment areas (see CAA sections 
189(a)(1) and 189(b)(1)). The SCAQMD regulates a PM nonattainment area 
classified as serious (see 40 CFR part 81), so Rules 1157 and 1186 must 
fulfill BACM.
    Guidance and policy documents that we use to evaluate 
enforceability and RACM or BACM requirements consistently include the 
following:

1. ``Issues Relating to VOC Regulation 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.
2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).
3. ``State Implementation Plans; General Preamble for the 
Implementation of Title I of the Clean Air Act Amendments of 1990,'' 57 
FR 13498 (April 16, 1992); 57 FR 18070 (April 28, 1992).
4. ``State Implementation Plans for Serious PM-10 Nonattainment Areas, 
and Attainment Date Waivers for PM-10 Nonattainment Areas Generally; 
Addendum to the General Preamble for the Implementation of Title I of 
the

[[Page 72144]]

Clean Air Act Amendments of 1990,'' 59 FR 41998 (August 16, 1994).
5. ``PM-10 Guideline Document,'' EPA 452/R-93-008, April 1993.
6. ``Fugitive Dust Background Document and Technical Information 
Document for Best Available Control Measures,'' EPA 450/2-92-004, 
September 1992.

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACM, BACM, and SIP relaxations. The 
TSDs have more information on our evaluation.

C. 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 Act. 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 proposed action merely proposes to approve State law 
as meeting Federal requirements and does not impose additional 
requirements beyond those imposed by State law. For that reason, this 
proposed 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 disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).

In addition, this proposed action 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, Particulate matter, Reporting and recordkeeping 
requirements.

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

    Dated: November 4, 2011.
 Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2011-30156 Filed 11-21-11; 8:45 am]
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