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

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 185-0047a FRL-5888-8]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Northern Sierra Air Quality

Management 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

Northern Sierra Air Quality Management District (NSAQMD 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.

EFFECTIVE DATE: This action is effective on November 17, 1997 unless

adverse or critical comments are received by October 16, 1997. If the

effective date is delayed, a timely notice will be published in the

Federal Register.

ADDRESSES: Comments must be submitted to Cynthia G. Allen at the Region

IX office listed below. 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,

SW., Washington, DC 20460.

California Air Resources Board, Stationary Source Division, Rule

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

Northern Sierra Air Quality Management District, 540 Searls Avenue,

Nevada City, CA 95959.

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:

I. Applicability

The rules being approved into the California SIP include: NSAQMD

Rule 101, Title; Rule 102, Definitions; Rule 202, Visible Emissions;

Rule 203, Exceptions to Rule 202; Rule 204, Wet Plumes Rule 206,

Incinerator Burning; Rule 207, Particulate Matter; Rule 208, Orchard or

Citrus Heaters; Rule 209, Fossil Fuel Steam Generator Facility; Rule

210, Specific Contaminants; Rule 212, Process Weight Table; Rule 213,

Storage of Gasoline Products; Rule 221, Reduction of Animal Matter;

Rule 222, Abrasive Blasting; Rule 225, Compliance; Rule 300, General

Definitions; Rule 301, Compliance; Rule 313, Burn Day; Rule 314,

Minimum Drying Times; Rule 315, Burning Management Requirements; and

Rule 317, Mechanized Burners Requirements. These rules were submitted

by the California Air Resources Board to EPA on October 28, 1996.

I. 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 listed Nevada, Plumas and Sierra

Counties as ``unclassifiable/attainment''. 43 FR 8964, 40 CFR 81.305.

In response to section 110(a) of the Act and other requirements, the

Nevada, Plumas and Sierra Air Pollution Control Districts (APCDs)

submitted many rules which EPA approved into the SIP. On September 11,

1991, California consolidated the Nevada, Plumas, and

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Sierra County APCDs within the NSAQMD. Also on September 11, 1991, June

10, 1992, May 11, 1994, and August 14, 1996, the NSAQMD adopted many

rules that reformatted and consolidated rules from the three subsumed

air districts. These revised rules consolidate the District rules into

a single set of regulations applicable throughout the NSAQMD.

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

NSAQMD rules: Rule 101, Title; Rule 102, Definitions; Rule 202, Visible

Emissions; Rule 203, Exceptions to Rule 202; Rule 204, Wet Plumes; Rule

206, Incinerator Burning; Rule 207, Particulate Matter; Rule 208,

Orchard or Citrus Heaters; Rule 209, Fossil Fuel Steam Generator

Facility; Rule 212, Process Weight Table; Rule 213, Storage of

Gasoline; Rule 221, Reduction of Animal Matter; Rule 222, Abrasive

Blasting; Rule 223, Enforcement; Rule 225, Compliance; Rule 300,

General Definitions; Rule 301, Compliance; Rule 313, Burn Day; Rule

314, Minimum Drying Times; Rule 315, Burning Management Requirements;

Rule 316, Burn Plan Preparation; and Rule 317, Mechanized Burners

Requirements.

These rules were adopted by NSAQMD on September 11, 1991 and May

11, 1994 and submitted by the State of California for incorporation

into its SIP on October 28, 1996. These rules were found to be complete

on December 19, 1996, 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 and their predecessors

were originally adopted as part of NSAQMD'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.

II. 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 Nevada, Plumas and

Sierra County Air Pollution Control Districts 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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Nevada County Air Pollution Control District

Rule 101, Title (submitted 4/10/75)

Rule 102, Definitions (submitted 4/10/75, 6/6/77)

Rule 103, Enforcement (submitted 6/6/77)

Rule 104, No Title (submitted 6/6/77)

Rule 202, Visible Emissions (submitted 4/10/75)

Rule 203, Exceptions (submitted 4/10/75, 6/6/77, 2/21/72)

Rule 204, Wet Plumes (submitted 4/10/75, 2/21/72)

Rule 206, Incinerator Burning (submitted 4/10/75, 6/6/77)

Rule 207, Particulate Matter (submitted 10/15/79)

Rule 208, Orchard or Citrus Heaters (submitted 4/10/75)

Rule 209, Fossil Fuel-Steam Separator Facility (submitted 4/

10/75)

Rule 210, Specific Contaminant (submitted 10/15/79)

Rule 214, Reduction of Animal Matter (submitted 4/10/75)

Rule 216, Abrasive Blasting (submitted 6/6/77)

Rule 218, Compliance Tests (submitted 10/15/79)

Rule 305, Permit Validity (submitted 4/10/75)

Rule 306, No-Burn Days (submitted 10/15/79)

Rule 308, Burning Reports (submitted 4/10/75)

Rule 309, Amount Burned Daily (submitted 4/10/75)

Rule 310, Approved Ignition Devices (submitted 4/10/75)

Rule 311, Restricted Burning Days (submitted 4/10/75)

Rule 312, Wind Direction (submitted 4/10/75)

Rule 313, Minimum Drying Times (submitted 4/10/75)

Rule 315, Preparation of Material to be Burned (submitted 4/

10/75)

Rule 405, Separation of Emissions (submitted 4/10/75)

Rule 406, Combination of Emissions (submitted 4/10/75)

Rule 407, Circumvention (submitted 6/6/77)

Rule 408, Source Recordkeeping and Reporting (submitted 4/10/

75)

Rule 409, Public Records (submitted 6/6/77)

Rule 507, Provision of Sampling and Testing Facilities

(submitted 6/6/77)

Plumas County Air Pollution Control District

Rule 101, Title (submitted 1/10/75)

Rule 102, Definitions (submitted 1/10/75, 6/6/77)

Rule 202, Visible Emissions (submitted 1/10/75)

Rule 203, Exceptions (submitted 6/22/81)

Rule 204, Wet Plumes (submitted 1/10/75)

Rule 206, Incinerator Burning (submitted 1/10/75, 6/6/77)

Rule 207, Particulate Matter (submitted 6/6/77)

Rule 208, Orchard or Citrus Heaters (submitted 6/6/77)

Rule 209, Fossil Fuel-Steam Generator Facility (1/10/75)

Rule 214, Reduction of Animal Matter (submitted 1/10/75)

Rule 215, Abrasive Blasting (submitted 6/6/77)

Rule 216, Enforcement (submitted 6/6/77)

Rule 216-50, Visible Emissions (submitted 1/10/75)

Rule 216-51, Exceptions to Rule 50 (submitted 1/10/75)

Rule 304, Range Improvement Burning (submitted 6/22/81)

Rule 305, Forest Management Burning (submitted 6/22/81)

Rule 311, Recreational Activity (submitted 6/22/81)

Rule 313, No Burn Day (submitted 6/22/81)

Rule 314, Burning Permits (submitted 6/22/81)

Rule 315, Minimum Drying Times (submitted 6/22/81)

Rule 316, Burning Management (submitted 6/22/81)

Rule 318, Enforcement Responsibility (submitted 6/22/81)

Rule 319, Penalty (submitted 6/22/81)

Rule 405, Separation of Emissions (submitted 1/10/75)

Rule 406, Combination of Emissions (submitted 1/10/75)

Rule 510, Separation of Emissions (submitted 6/22/81)

Rule 511, Combination of Emissions (submitted 6/22/81)

Rule 512, Circumvention (submitted 6/22/81)

Rule 513, Source Recordkeeping (submitted 6/22/81)

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Rule 514, Public Records and Trade Secrets (submitted 6/22/81)

Rule 515, Provision of Sampling and Testing Facilities

(submitted 6/22/81)

Sierra County Air Pollution Control District

Rule 101, Title (submitted 1/10/75)

Rule 102, Definitions (submitted 1/10/75, 6/6/77)

Rule 202, Visible Emissions (submitted 1/10/75)

Rule 203, Exceptions (submitted 6/22/81)

Rule 204, Wet Plumes (submitted 1/10/75)

Rule 206, Incinerator Burning (submitted 1/10/75)

Rule 207, Particulate Matter (submitted 5/23/79)

Rule 208, Orchard or Citrus Heaters (submitted 6/6/77)

Rule 209, Fossil Fuel Steam Generator Facility (submitted 1/

10/75)

Rule 210, Specific Contaminants (submitted 5/23/79)

Rule 211, Process Weight Per Hour (submitted 5/23/79)

Rule 212, Process Weight Table (submitted 1/10/75)

Rule 213, Storage of Petroleum Products (submitted 1/10/75)

Rule 214, Reduction of Animal Matter (submitted 1/10/75)

Rule 215, Abrasive Blasting (submitted 6/6/77)

Rule 216, Enforcement (submitted 6/6/77)

Rule 218, Compliance Tests (submitted 5/23/79)

Rule 303, Agricultural Burning (submitted 6/22/81)

Rule 304, Range Improvement Burning (submitted 6/22/81)

Rule 305, Forest Management Burning (submitted 6/22/81)

Rule 311, Recreational Activity (submitted 6/22/81)

Rule 313, No Burn Day (submitted 6/22/81)

Rule 314, Burning Permits (submitted 6/22/81)

Rule 315, Minimum Drying Times (submitted 6/22/81)

Rule 316, Burning Management (submitted 6/22/81)

Rule 318, Enforcement Responsibility (submitted 6/22/81)

Rule 319, Penalty (submitted 6/22/81)

Rule 405, Separation of Emissions (submitted 1/10/75)

Rule 406, Combination of Emissions (submitted 1/10/75)

Rule 510, Separation of Emissions (submitted 6/22/81)

Rule 511, Combination of Emissions (submitted 6/22/81)

Rule 512, Circumvention (submitted 6/22/81)

Rule 513, Source Recordkeeping (submitted 6/22/81)

Rule 514, Public Records and Trade Secrets (submitted 6/22/81)

Rule 515, Provision of Sampling and Testing Facilities

(submitted 6/22/81)

EPA has evaluated the consolidated NSAQMD rules submitted in

October 1996 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 districts had

slightly different requirements for similar sources, the consolidated

rule now applies to the most stringent of the requirements to the

entire area. In no case does this action represent a relaxation of any

requirement.

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

include:

Rule 101, Title

Rule 102, Definitions

Rule 202, Visible Emissions

Rule 203, Exceptions to Rule 202

Rule 204, Wet Plumes

Rule 206, Incinerator Burning

Rule 207, Particulate Matter

Rule 208, Orchard or Citrus Heaters

Rule 209, Fossil Fuel Steam Generator Facility

Rule 210, Specific Contaminants

Rule 212, Process Weight Table

Rule 213, Storage of Gasoline Products

Rule 221, Reduction of Animal Matter

Rule 222, Abrasive Blasting

Rule 225, Compliance

Rule 300, General Definitions

Rule 301, Compliance

Rule 313, Burn Day

Rule 314, Minimum Drying Times

Rule 315, Burning Management Requirements

Rule 316, Burn Plan Preparation

Rule 317, Mechanized Burners Requirements

Other NSAQMD rules submitted with these rules on October 28, 1996,

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 November 17, 1997, unless, by October 16, 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 November 17, 1997.

III. Administrative Requirements

A. Executive Order 12866

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

regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

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 populations of less than

50,000.

SIP approvals under section 110 and subchapter I, part D of the

Clean Air Act 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, the

Administrator certifies 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 flexibility

analysis would constitute Federal inquiry into the economic

reasonableness of state action. The Clean Air Act forbids EPA to base

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

EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

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C. Unfunded Mandates Reform Act

Under section 202 of the Unfunded Mandates Reform Act of 1995

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

must prepare a budgetary impact statement to accompany any proposed or

final rule that includes a Federal mandate that may result in estimated

costs to State, local, or tribal governments in the aggregate; or to

private sector, of $100 million or more. Under section 205, EPA must

select the most cost-effective and least burdensome alternative that

achieves the objectives of the rule and is consistent with statutory

requirements. Section 203 requires EPA to establish a plan for

informing and advising any small governments that may be significantly

or uniquely impacted by the rule.

EPA has determined that the approval action promulgated does not

include a Federal mandate that may result in estimated costs of $100

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

aggregate, or to the private sector. This Federal action approves pre-

existing requirements under State or local law, and imposes no new

Federal requirements. Accordingly, no additional costs to State, local,

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

action.

D. 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).

E. Petitions for Judicial Review

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 November 17, 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).)

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.

Dated: August 22, 1997.

John Wise,

Acting 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) (26)(ix)(B)

and (26)(xvi)(E), (27)(vii)(C), (39)(viii)(D), (39)(ix)(C), (39)(x)(C),

and (246) to read as follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(26) * * *

(ix) * * *

(B) Previously approved and now deleted, Rule 102.

* * * * *

(xvi) * * *

(E) Previously approved and now deleted, Rule 102.

* * * * *

(27) * * *

(vii) * * *

(C) Previously approved and now deleted, Rule 102.

* * * * *

(39) * * *

(viii)* * *

(D) Previously approved and now deleted, Rule 102.

(ix) * * *

(C) Previously approved and now deleted, Rule 102.

(x) * * *

(C) Previously approved and now deleted, Rule 102.

* * * * *

(246) New and amended regulations for the following APCDs were

submitted on October 28, 1996, by the Governor's designee.

(i) Incorporation by reference.

(A) Northern Sierra Air Quality Management District.

(1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222,

223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991,

Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992,

and Rule 316 adopted on August 14, 1996.

[FR Doc. 97-24419 Filed 9-15-97; 8:45 am]

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