Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Placer County Air Pollution Control District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 126-0032a FRL-5815-5]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Placer County Air Pollution Control

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the

California State Implementation Plan. The revisions concern rules for

Placer County Air Pollution Control District (PCAPCD or District). This

approval action will incorporate these rules into the federally

approved SIP. The intended effect of approving these rules is to

regulate emissions of volatile organic compounds (VOCs), oxides of

nitrogen (NOx) and other pollutants in accordance with the

requirements of the Clean Air Act, as amended in 1990 (CAA of the Act).

These revisions consist of administrative and minor changes to a wide

range of rules that have been previously incorporated into the

federally approved SIP. Thus, EPA is finalizing the approval of these

revisions into the California SIP under provisions of the CAA regarding

EPA action on SIP submittals, SIPs for national primary and secondary

ambient air quality standards and plan requirements for nonattainment

areas.

DATES: This action is effective on June 30, 1997 unless adverse or

critical comments are received by May 30, 1997. If the effective date

is delayed, a timely notice will be published in the Federal Register.

ADDRESSES: Copies of the rule revisions are available for public

inspection at EPA's Region IX office during normal business hours.

Copies of the submitted rule revisions are available for inspection at

the following locations:

Rulemaking Office (AIR-4), Air Division, U.S. Environmental Protection

Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105

Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street,

S.W., Washington, D.C. 20460

California Air Resources Board, Stationary Source Division, Rule

Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

Placer County Air Pollution Control District 11464 B Avenue, Auburn, CA

96503

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office

(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,

75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-

1189.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being approved into the California SIP include: PCAPCD

Rule 101, Title; Rule 102, Definitions; Rule 103, Validity; Rule 201,

Coverage; Rule 202, Visible Emissions; Rule 203, Exemptions to Rule

202; Rule 204, Wet Plumes; Rule 208, Orchard or Citrus Heaters; Rule

209, Fossil Fuel-Steam Facility; Rule 210, Specific Contaminants; Rule

211, Process Weight; Rule 213, Gasoline Transfer into Stationary

Storage Containers; Rule 214, Transfer of Gasoline into Tank Trucks,

Trailers and Railroad Cars at Loading Facilities; Rule 217, Cutback and

Emulsified Asphalt Paving Materials; Rule 219, Organic Solvents; Rule

220, Abrasive Blasting; Rule 221, Compliance Tests; Rule 222, Reduction

of Animal Matter; Rule 225, Wood Fired Appliances; Rule 226, Sulfur

Content of Fuels--Lake Tahoe Basin; Rule 228, Fugitive Dust--Lake Tahoe

Air Basin; Rule 406, Combination of Emissions; Rule 407, Circumvention;

and Rule 408, Source Recordkeeping and Reporting. These rules were

submitted by the California Air Resources Board to EPA on November 30,

1994.

Background

On March 3, 1978, EPA promulgated a list of ozone nonattainment

areas under the provisions of the Clean Air Act, as amended in 1977

(1977 Act or pre-amended Act), that included the Placer County Air

Pollution Control District. 43 FR 8964, 40 CFR 81.305. On May 26, 1988,

EPA notified the Governor of California, pursuant to section

110(a)(2)(H) of the Act, that the PCAPCD portions of the California SIP

were inadequate to attain and maintain the ozone standard and requested

that deficiencies in the existing SIP be corrected (EPA's SIP Call). In

response to the SIP call and other requirements, the PCAPCD submitted

many rules for the Lake Tahoe, Mountain Counties, and Sacramento Valley

Air Basins, which EPA approved into the SIP. On October 19, 1993,

California consolidated the Lake Tahoe, Mountain Counties and

Sacramento Valley Air Basins within the PCAPCD. Also on October 19,

1993, the District adopted many rules that reformatted and consolidated

rules from the three subsumed air basins. The

[[Page 23366]]

revised rules consolidate the District rules into a single set of

regulations applicable throughout the District.

This notice addresses EPA's direct-final action for the following

PCAPCD rules: Rule 101, Title; Rule 102, Definitions; Rule 103,

Validity; Rule 201, Coverage; Rule 202, Visible Emissions; Rule 203,

Exemptions to Rule 202; Rule 204, Wet Plumes; Rule 208, Orchard or

Citrus Heaters; Rule 209, Fossil Fuel-Steam Facility; Rule 210,

Specific Contaminants; Rule 211, Process Weight; Rule 213, Gasoline

Transfer into Stationary Storage Containers; Rule 214, Transfer of

Gasoline into Tank Trucks, Trailers and Railroad Cars at Loading

Facilities; Rule 217, Cutback and Emulsified Asphalt Paving Materials;

Rule 219, Organic Solvents; Rule 220, Abrasive Blasting; Rule 221,

Compliance Tests; Rule 222, Reduction of Animal Matter; Rule 225, Wood

Fired Appliances; Rule 226, Sulfur Content of Fuels--Lake Tahoe Basin;

Rule 228, Fugitive Dust--Lake Tahoe Air Basin; Rule 406, Combination of

Emissions; Rule 407, Circumvention; and Rule 408, Source Recordkeeping

and Reporting.

These rules were adopted by PCAPCD on October 19, 1993 and

submitted by the State of California for incorporation into its SIP on

November 30, 1994. These rules were found to be complete on January 30,

1995, pursuant to EPA's completeness criteria that are set forth in 40

CFR part 51 Appendix V 1 and are being finalized for

approval into the SIP. These rules were originally adopted as part of

PCAPCD's efforts to achieve the National Ambient Air Quality Standards

(NAAQS) for ozone and in response to EPA's SIP-Call and the section

182(a)(2)(A) CAA requirement.

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\1\ EPA adopted the completeness criteria on February 16, 1990

(55 FR 5830) and, pursuant to section (110)(k)(1)(A) of the CAA,

revised the criteria on August 26, 1991 (56 FR 42216).

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The following is EPA's evaluation and final action for these rules.

EPA Evaluation and Action

In determining the approvability of a rule, EPA must evaluate the

rule for consistency with the requirements of the CAA and EPA

regulations, as found in section 110 and part D of the CAA and 40 CFR

part 51 (Requirements for Preparation, Adoption, and Submittal of

Implementation Plans). The EPA interpretation of these requirements

appears in various EPA policy guidance documents.2

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\2\ Among other things, the pre-amendment guidance consists of

those portions of the proposed Post-1987 ozone and carbon monoxide

policy that concern RACT, 52 FR 45044 (November 24, 1987); ``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 was published in the

Federal Register on May 25, 1988); and the existing control

technique guidelines (CTGs).

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EPA previously reviewed many rules from the Lake Tahoe, Mountain

Counties and Sacramento Valley Air Basins and incorporated them into

the federally approved SIP pursuant to section 110(k)(3) of the CAA.

Those rules that are being superseded and/or deleted 3 by

today's action are as follows:

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\3\ Listed rules are superseded unless designated as deleted.

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Lake Tahoe Air Basin

Rule 101 Title, submitted 08/21/79

Rule 102, Definitions, submitted 08/21/79

Rule 103, Validity, submitted 08/21/79

Rule 104, Effective Date, submitted 08/21/79 (deleted)

Rule 201, Coverage, submitted 08/21/79

Rule 202, Visible Emissions, submitted 08/21/79

Rule 203, Exception to Rule 202, submitted 08/21/79

Rule 204, Wet Plumes, submitted 08/21/79

Rule 208, Fugitive Dust, submitted 08/21/79

Rule 209, Sulfur Content of Fuels, submitted 08/21/79

Rule 210, Specific Contaminants, submitted 08/21/79

Rule 211, Process Weight, submitted 08/21/79

Rule 213, Gasoline Transfer Into Stationary Storage

Containers, submitted 08/21/79

Rule 217, Compliance Tests, submitted 08/21/79

Rule 406, Combination of Emission, submitted 01/10/75

Rule 407, Circumvention, submitted 10/13/77

Rule 408, Source Recordkeeping, submitted 10/13/77

Mountain Counties Air Basin

Rule 101 Title, submitted 08/12/86

Rule 102, Definitions, submitted 02/10/86 and 05/28/81

Rule 103, Validity, submitted 10/13/77

Rule 104, Effective Date, submitted 10/15/79 (deleted)

Rule 201, Coverage, submitted 08/12/86

Rule 202, Visible Emissions, submitted 01/10/75

Rule 203, Exception to Rule 202, submitted 05/28/81

Rule 204, Wet Plumes, submitted 01/10/75

Rule 208, Fugitive Dust, submitted 10/13/77

Rule 209, Fossil Fuel-Steam Generator Facility, submitted 01/

10/75

Rule 210, Specific Contaminants, submitted 10/13/77

Rule 211, Process Weight, submitted 05/28/81

Rule 213, Gasoline Transfer Into Stationary Storage Container,

submitted 04/05/91

Rule 214, Transfer of Gasoline Into Vehicle Fuel Tanks,

submitted 05/28/81

Rule 217, Cutback and Emulsified Asphalt Paving Materials,

submitted 04/05/91

Rule 219, Organic Solvents, submitted 10/15/79

Rule 220, Abrasive Blasting, submitted 10/15/79

Rule 221, Compliance Tests, submitted 10/15/79

Rule 222, Reduction of Animal Matter, submitted 10/15/79

Rule 225, Wood Fired Appliances, submitted 11/21/86

Rule 406, Combination of Emissions, submitted 01/10/75

Rule 407, Circumvention, submitted 10/13/77

Rule 408, Source Recordkeeping and Reporting, submitted 10/13/

77

Sacramento Valley Air Basin

Rule 101 Title, submitted 10/13/77

Rule 102, Definitions, submitted 10/13/77

Rule 103, Validity, submitted 10/13/77

Rule 201, District-Wide Coverage, submitted 01/10/75

Rule 202, Visible Emissions, submitted 01/10/75

Rule 203, Exception, submitted 01/10/75

Rule 204, Wet Plumes, submitted 01/10/75

Rule 208, Orchard or Citrus Heaters, submitted 10/13/77

Rule 209, Fossil Fuel-Steam Generator Facility, submitted 01/

10/75

Rule 213, Reduction of Animal Matter, submitted 10/13/77

Rule 407, Circumvention, submitted 10/13/77

Rule 408, Source Recordkeeping and Reporting, submitted 10/13/

77

EPA has evaluated the consolidated PCAPCD rules submitted in

November 1994 and compared them to the rules currently incorporated in

the SIP. In all cases the rules have been reformatted and changed

editorially. In some cases there have also been minor substantive

improvements. For example, where the three subsumed air basins had

slightly different requirements for similar sources, the consolidated

rule now

[[Page 23367]]

applies the most stringent of the requirements to the entire area. In

no case does this action represent a relaxation of any requirement.

The PCAPCD rules being approved by this action to revise the SIP

include:

Rule 101 Title

Rule 102 Definitions

Rule 103 Validity

Rule 201 Coverage

Rule 202 Visible Emissions

Rule 203 Exemptions to Rule 202

Rule 204 Wet Plumes

Rule 208 Orchard or Citrus Heaters

Rule 209 Fossil Fuel-Steam Facility

Rule 210 Specific Contaminants

Rule 211 Process Weight

Rule 213 Gasoline Transfer into Stationary Storage Containers

Rule 214, Transfer of Gasoline into Tank Trucks, Trailers and

Railroad Cars at Loading Facilities

Rule 217, Cutback and Emulsified Asphalt Paving Materials

Rule 219, Organic Solvents

Rule 220, Abrasive Blasting

Rule 221, Compliance Tests

Rule 222, Reduction of Animal Matter

Rule 225, Wood Fired Appliances

Rule 226, Sulfur Content of Fuels--Lake Tahoe Basin

Rule 228, Fugitive Dust--Lake Tahoe Air Basin

Rule 406, Combination of Emissions

Rule 407, Circumvention

Rule 408, Source Recordkeeping and Reporting

Other PCAPCD rules submitted with these rules on November 30, 1994,

will be acted on separately because they involve technical issues and

require more detailed review.

Nothing in this action should be construed as permitting or

allowing or establishing a precedent for any future implementation

plan. Each request for revision to the state implementation plan shall

be considered separately in light of specific technical, economic, and

environmental factors and in relation to relevant statutory and

regulatory requirements.

EPA is publishing this document without prior proposal because the

Agency views this as a noncontroversial amendment and anticipates no

adverse comments. However, in a separate document in this Federal

Register publication, the EPA is proposing to approve the SIP revision

should adverse or critical comments be filed. This action will be

effective June 30, 1997, unless, by May 30, 1997, adverse or critical

comments are received.

If the EPA receives such comments, this action will be withdrawn

before the effective date by publishing a subsequent document that will

withdraw the final action. All public comments received will then be

addressed in a subsequent final rule based on this action serving as a

proposed rule. The EPA will not institute a second comment period on

this action. Any parties interested in commenting on this action should

do so at this time. If no such comments are received, the public is

advised that this action will be effective June 30, 1997.

Regulatory Flexibility

Under the Regulatory Flexibility Act, 5 U.S.C. 600 et seq., EPA

must prepare a regulatory flexibility analysis assessing the impact of

any proposed or final rule on small entities. 5 U.S.C. 603 and 604.

Alternatively, EPA may certify that the rule will not have a

significant impact on a substantial number of small entities. Small

entities include small businesses, small not-for-profit enterprises and

government entities with jurisdiction over population of less than

50,000.

SIP approvals under sections 110 and 301(a) and subchapter I, Part

D of the CAA do not create any new requirements, but simply approve

requirements that the State is already imposing. Therefore, because the

Federal SIP-approval does not impose any new requirements, I certify

that it does not have a significant impact on any small entities

affected. Moreover, due to the nature of the Federal-state relationship

under the CAA, preparation of a regulatory flexibility analysis would

constitute Federal inquiry into the economic reasonableness of state

action. The CAA forbids EPA to base its actions concerning SIPs on such

grounds. Union Electric Co. versus U.S. E.P.A., 427 U.S. 246, 256-66

(S. Ct. 1976); 42 U.S.C. 7410 (a)(2).

Unfunded Mandates

Under Sections 202, 203, and 205 of the Unfunded Mandates Reform

Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,

1995, EPA must undertake various actions in association with proposed

or final rules that include a Federal mandate that may result in

estimated costs of $100 million or more to the private sector or to

State, local, or tribal governments in the aggregate.

Through submission of this state implementation plan or plan

revision, the State and any affected local or tribal governments have

elected to adopt the program provided for under Part D of the Clean Air

Act. These rules may bind State, local, and tribal governments to

perform certain actions and also require the private sector to perform

certain duties. The rules being approved by this action will impose no

new requirements because affected sources are already subject to these

regulations under State law. Therefore, no additional costs to State,

local, or tribal governments or to the private sector result from this

action. EPA has also determined that this [proposed or final] action

does not include a mandate that may result in estimated costs of $100

million or more to State, local, or tribal governments in the aggregate

or to the private sector.

Small Businesses

Under 5 U.S.C. 801(a)(1)(A) as added by the Small Business

Regulatory Enforcement Fairness Act of 1996, EPA submitted a report

containing this action and other required information to the U.S.

Senate, the U.S. House of Representatives and the Comptroller General

of the General Accounting Office prior to publication of this action in

today's Federal Register. This action is not a ``major action'' as

defined by 5 U.S.C. 804(2).

This action has been classified as a Table 3 action for signature

by the Regional Administrator under the procedures California State

Implementation Plan--Page 13 or 14 published in the Federal Register on

January 19, 1989 (54 FR 2214-2225), as revised by a July 10, 1995

memorandum from Mary Nichols, Assistant Administrator for Air and

Radiation. The Office of Management and Budget (OMB) has exempted this

regulatory action from Executive Order 12866 review.

List of Subjects in 40 CFR Part 52

Environmental protection, Air pollution control, Hydrocarbons,

Incorporation by reference, Intergovernmental relations, Ozone,

Reporting and recordkeeping requirements, Volatile organic compounds.

Note: Incorporation by reference of the State Implementation

Plan for the State of California was approved by the Director of the

Federal Register on July 1, 1982.

Dated: April 14, 1997.

Felicia Marcus,

Regional Administrator.

Part 52, chapter I, title 40 of the Code of Federal Regulations is

amended as follows:

PART 52--[AMENDED]

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

Authority: 42 U.S.C. 7401-7671q.

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Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c)(52)(xiii)(E),

(80)(i)(D), and (207)(i)(A)(2)to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(52) * * *

(xiii) * * *

(E) Previously approved and now deleted, Rule 104.

* * * * *

(80) * * *

(i) * * *

(D) Previously approved and now deleted, Rule 104.

* * * * *

(207) * * *

(i) * * *

(A) * * *

(2) Rules 101, 102, 103, 201, 202, 203, 204, 208, 209, 210, 211,

213, 214, 217, 219, 220, 221, 222, 225, 226, 228, 406, 407, and 408,

adopted on October 19, 1993; deletion of 104 for Lake Tahoe Air Basin

and Mountain Counties Air Basin submitted 08/21/79 and 10/15/79,

respectively.

* * * * *

[FR Doc. 97-11158 Filed 4-29-97; 8:45 am]

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