Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 192-0037a; FRL-5816-9]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, South Coast Air Quality Management

District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action granting limited approval

and limited disapproval of revisions to the California State

Implementation Plan (SIP). The revisions concern two rules from the

South Coast Air Quality Management District (SCAQMD). This final action

will incorporate these rules into the federally approved SIP. The

intended effect of finalizing this action is to regulate emissions of

volatile organic compounds (VOCs) in accordance with the requirements

of the Clean Air Act, as amended in 1990 (CAA or the Act). The rules

control VOC emissions from active and inactive landfills. Thus, EPA is

finalizing a simultaneous limited approval and limited disapproval of

the rules under CAA provisions regarding EPA action on SIP submittals

and general rulemaking authority because the rules, while strengthening

the SIP, also do not fully meet the CAA provisions regarding plan

submissions and plan requirements for nonattainment areas.

DATES: This action is effective on July 7, 1997 unless adverse or

critical comments are received by June 5, 1997. If the effective date

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

ADDRESSES: Copies of the rules and EPA's evaluation report for the

rules are available for public inspection at EPA's Region IX office

during normal business hours. Copies of the submitted rules are also

available for inspection at the following locations:

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

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

South Coast Air Quality Management District, 21865 E. Copley Drive,

Diamond Bar, CA 91765-4182

California Air Resources Board, Stationary Source Division, Rule

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

FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking Office

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

75 Hawthorne Street, San Francisco, CA 94105-3901, Telephone: (415)

744-1188.

SUPPLEMENTARY INFORMATION:

Applicability

The rules being incorporated into the California SIP are SCAQMD

Rule 1150.1, Control of Gaseous Emissions from Active Landfills, and

SCAQMD Rule 1150.2, Control of Gaseous Emissions from Inactive

Landfills. The rules were submitted by the California Air Resources

Board (CARB) to EPA on October 16, 1985 and February 10, 1986,

respectively.

Background

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

areas under the provisions of the Clean Air Act, as amended in l977

(1977 Act or pre-amended Act), that included the Los Angeles-South

Coast Air Basin Area. 43 FR 8964, 40 CFR 81.305. The 1977 Act required

that nonattainment areas adopt, at a minimum, reasonably available

control technology (RACT) for all significant sources of emissions.

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The State of California submitted many RACT rules for incorporation

into its SIP on October 16, 1985 and February 10, 1986, including the

rules being acted on in this document. This document addresses EPA's

direct-final action for SCAQMD Rule 1150.1, Control of Gaseous

Emissions from Active Landfills, and SCAQMD Rule 1150.2, Control of

Gaseous Emissions from Inactive Landfills. SCAQMD adopted Rule 1150.1

on April 5, 1985 and Rule 1150.2 on October 18, 1985. These submitted

rules are being finalized for limited approval and limited disapproval

into the SIP.

Rule 1150.1 and Rule 1150.2 control the emissions of VOCs from

active and inactive landfills, respectively. VOCs contribute to the

production of ground level ozone and smog. These rules were originally

adopted as part of SCAQMD's effort to achieve the National Ambient Air

Quality Standard (NAAQS) for ozone. The following is EPA's evaluation

and final action for these rules.

EPA Evaluation and Action

In determining the approvability of a VOC 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,

which forms the basis for today's action, appears in various EPA policy

guidance documents.\1\ Among those provisions is the requirement that a

VOC rule must, at a minimum, provide for the implementation of RACT for

stationary sources of VOC emissions. This requirement was carried forth

from the pre-amended Act.

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\1\ 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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For the purpose of assisting state and local agencies in developing

RACT rules, EPA prepared a series of Control Technique Guideline (CTG)

documents. The CTGs are based on the underlying requirements of the Act

and specify the presumptive norms for what is RACT for specific source

categories. For source categories that do not have an applicable CTG

(such as landfills), state and local agencies may determine what

controls are required by reviewing the operation of facilities subject

to the regulation and evaluating regulations for similar sources in

other areas.

Further interpretations of EPA policy are found in the Blue Book,

referred to in footnote 1. In general, the EPA policy guidance

documents have been set forth to ensure that VOC rules are fully

enforceable and strengthen or maintain the SIP.

SCAQMD's Rule 1150.1, Control of Gaseous Emissions from Active

Landfills, and Rule 1150.2, Control of Gaseous Emissions from Inactive

Landfills are new rules for inclusion in the SIP. The submitted rules

contain the following requirements to control VOC emissions at active

and inactive landfills:

Installation of landfill gas control systems

Monitoring of off-site gas migration

Landfill surface monitoring

Periodic sampling of periphery subsurface gas and ambient

air

Periodic sampling of collected landfill gas

Disposal of collected landfill gas

Periodic evaluation of the efficiency of the gas disposal

system

Although SCAQMD Rules 1150.1 and 1150.2 will strengthen the SIP,

the rules contain the following deficiencies:

Numerous Director's discretion provisions

No specified criteria for granting exemptions

No specified control device efficiency

No test methods or monitoring protocol

Inadequate recordkeeping provisions

A detailed discussion of rule deficiencies can be found in the

Technical Support Document for Rules 1150.1 and 1150.2 (3/97), which is

available from the U.S. EPA's Region IX office. Because of these

deficiencies, the rules are not approvable because the deficiencies are

not consistent with the interpretation of section 172 of the 1977 CAA

as found in the Blue Book and may lead to rule enforceability problems.

Because of the above deficiencies, EPA cannot grant full approval

of these rules under section 110(k)(3) and Part D. Also, because the

submitted rules are not composed of separable parts which meet all the

applicable requirements of the CAA, EPA cannot grant partial approval

of the rules under section 110(k)(3). However, EPA may grant a limited

approval of the submitted rules under section 110(k)(3) in light of

EPA's authority pursuant to section 301(a) to adopt regulations

necessary to further air quality by strengthening the SIP. The approval

is limited because EPA's action also contains a simultaneous limited

disapproval. In order to strengthen the SIP, EPA is finalizing a

limited approval of SCAQMD's submitted Rules 1150.1 and 1150.2 under

sections 110(k)(3) and 301(a) of the CAA.

At the same time, EPA is also finalizing a limited disapproval of

these rules because they contain deficiencies and, as such, the rules

do not fully meet the requirements of Part D of the Act. Under section

179(a)(2), if the Administrator disapproves a submission under section

110(k) for an area designated nonattainment, based on the submission's

failure to meet one or more of the elements required by the Act, the

Administrator must apply one of the sanctions set forth in section

179(b) unless the deficiency has been corrected within 18 months of

such disapproval. Section 179(b) provides two sanctions available to

the Administrator: highway funding and offsets. The 18 month period

referred to in section 179(a) will begin on the effective date of this

final limited disapproval. Moreover, this final limited disapproval

triggers the Federal implementation plan (FIP) requirement under

section 110(c). It should be noted that the rules covered by this

direct final rulemaking have been adopted by the SCAQMD and are

currently in effect in the District. EPA's final limited disapproval

action will not prevent the District or EPA from enforcing these rules.

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 a limited approval and

limited disapproval of the SIP revision should adverse or critical

comments be filed. This action will be effective July 7, 1997, unless,

by June 5, 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

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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 July 7, 1997.

Regulatory Process

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. Secs. 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.

Limited 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. Under the CAA, EPA may not base its

actions concerning SIPs on such grounds. Union Electric Co. v. U.S.

E.P.A., 427 U.S. 246, 256-66 (1976); 42 U.S.C. 7410(a)(2).

EPA's limited disapproval of the State request under sections 110

and 301 and subchapter I, Part D of the CAA does not affect any

existing requirements applicable to small entities. Federal disapproval

of the state submittal does not affect its state enforceability.

Moreover, EPA's limited disapproval of the submittal does not impose

any new Federal requirements. Therefore, EPA certifies that this

limited disapproval action does not have a significant impact on a

substantial number of small entities because it does not remove

existing requirements nor does it impose any new Federal requirements.

Petitions for Judicial Review

Under section 307(b)(1) of the Act, petitions for judicial review

of this action must be filed in the United States Court of Appeals for

the appropriate circuit by July 7, 1997. 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)).

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. This rule may bind State, local, and tribal governments to perform

certain actions and also require the private sector to perform certain

duties. The rules being incorporated into the SIP 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 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.

Submission to Congress and the General Accounting Office

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 rule 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 the rule in today's

Federal Register. This rule is not a ``major rule'' as defined by 5

U.S.C. 804(2).

Executive Order 12866

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

by the Regional Administrator under the procedures 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 13, 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.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs (c)(164)(i)(E)

and (c)(168)(i)(H)(2) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(164) * * *

(i) * * *

(E) South Coast Air Quality Management District.

(1) Rule 1150.1, adopted on April 5, 1985.

* * * * *

(168) * * *

(i) * * *

(H) * * *

(2) Rule 1150.2, adopted on October 18, 1985.

* * * * *

[FR Doc. 97-11911 Filed 5-6-97; 8:45 am]

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