Approval and Promulgation of Implementation Plans; California State Implementation Plan Revision, Kern County Air Pollution Control District, San Joaquin Valley Unified Air Pollution Control District, South Coast Air Quality Management District

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 083-0072a; FRL-6138-4]

Approval and Promulgation of Implementation Plans; California

State Implementation Plan Revision, Kern County Air Pollution Control

District, San Joaquin Valley Unified Air Pollution Control District,

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 on revisions to the

California State Implementation Plan (SIP). The revisions concern rules

from the following districts: Kern County Air Pollution Control

District (KCAPCD), San Joaquin Valley Unified Air Pollution Control

District (SJVUAPCD), and South Coast Air Quality Management District

(SCAQMD). 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) in

accordance with the requirements of the Clean Air Act, as amended in

1990 (CAA or the Act). The rules control VOC emissions from wastewater

separators, rubber tire manufacturing, and soil decontamination

operations. Thus, EPA is finalizing the approval of these rules 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 rule is effective on October 16, 1998 without further

notice, unless EPA receives relevant adverse comments by September 16,

1998. If EPA receives such comment, then it will publish a timely

withdrawal in the Federal Register informing the public that this rule

will not take effect.

ADDRESSES: Comments must be submitted to Andrew Steckel at the Region

IX office listed below. Copies of the rules and EPA's evaluation report

for each rule are available for public inspection at EPA's Region IX

office during normal business hours. Copies of the submitted rules 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 95812

Kern County Air Pollution Control District, 2700 M Street, Suite 290,

Bakersfield, CA 93301

San Joaquin Unified Air Pollution Control District, 1999 Tuolumne

Street, Suite 200, Fresno, CA 93721

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

Diamond Bar, CA 91765

FOR FURTHER INFORMATION CONTACT: Patricia Bowlin, Rulemaking Office

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

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

1188.

SUPPLEMENTARY INFORMATION:

I. Applicability

The rules being approved into the California SIP include: KCAPCD

Rule 414, Wastewater Separators; SJVUAPCD Rule 4681, Rubber Tire

Manufacturing; and SCAQMD Rule 1166, Volatile Organic Compound

Emissions from Decontamination of Soil. These rules were submitted by

the California Air Resources Board (CARB) to EPA on May 10, 1996; May

24, 1994; and October 13, 1995, respectively.

II. 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 San Joaquin Valley

Area 1 and the Los Angeles-South Coast Air Basin Area. 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 1977 Act, that

these areas' 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).2 On November 15,

1990, the Clean Air Act Amendments of 1990 were enacted. Pub. L. 101-

549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amended

section 182(a)(2)(A) of the CAA, Congress statutorily adopted the

requirement that nonattainment areas fix their deficient reasonably

available control technology (RACT) rules for ozone and established a

deadline of May 15, 1991 for states to submit corrections of those

deficiencies.

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\1\ Kern County is located in the San Joaquin Valley Area and

the Southeast Desert Air Basin. At the time, SJVUAPCD did not exist,

and KCAPCD had jurisdiction over all of Kern County. The San Joaquin

Valley Area portion of Kern County was designated nonattainment. The

Southeast Desert Air Basin portion of Kern County was designated as

unclassified.

\2\ EPA's SIP-Call applied to all of the KCAPCD, including the

Southeast Desert Air Basin portion of Kern County.

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Section 182(a)(2)(A) applies to areas designated as nonattainment

prior to enactment of the amendments and classified as marginal or

above as of the date of enactment. It requires such areas to adopt and

correct RACT rules pursuant to pre-amended section 172(b) as

interpreted in pre-amendment

[[Page 43882]]

guidance.3 EPA's SIP-Call used that guidance to indicate the

necessary corrections for specific nonattainment areas.

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\3\ 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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The San Joaquin Valley Area is classified as serious, and the Los

Angeles-South Coast Air Basin Area is classified as extreme; therefore,

these areas were subject to the section 182(a)(2)(A) RACT fix-up

requirement and the May 15, 1991 deadline. This Federal Register action

for the SCAQMD excludes the Los Angeles County portion of the Southeast

Desert AQMA, otherwise known as the Antelope Valley Region in Los

Angeles County, which is now under the jurisdiction of the Antelope

Valley Air Pollution Control District as of July 1, 1997.4

The Southeast Desert Air Basin portion of Kern County is also

classified as serious; however, this area was not a pre-amendment

nonattainment area.5 Although the Southeast Desert Air Basin

portion of Kern County was not subject to the statutory RACT fix-up

requirement, it is still subject to the requirements of EPA's SIP-Call.

See footnote 2. The substantive requirements of the SIP-Call are the

same as those of the section 182(a)(2)(A) RACT fix-up requirement.

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\4\ The State has recently changed the names and boundaries of

the air basins located within the Southeast Desert Modified AQMA.

Pursuant to State regulation the Coachella-San Jacinto Planning Area

is now part of the Salton Sea Air Basin (17 Cal. Code. Reg.

Sec. 60114); the Victor Valley/Barstow region in San Bernardino

County and the Antelope Valley Region in Los Angeles County are a

part of the Mojave Desert Air Basin (17 Cal. Code. Reg. Sec. 60109).

In addition, in 1996 the California Legislature established a new

local air agency, the Antelope Valley Air Pollution Control

District, to have the responsibility for local air pollution

planning and measures in the Antelope Valley Region (California

Health & Safety Code Sec. 40106).

\5\ The San Joaquin Valley Area and the Los Angeles-South Coast

Air Basin Area retained their nonattainment designations and were

classified by operation of law pursuant to sections 107(d) and

181(a) upon the date of enactment of the CAA. The Southeast Desert

Air Basin portion of Kern County was designated nonattainment on

November 6, 1991. See 56 FR 56694 (November 6, 1991).

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On March 20, 1991 the SJVUAPCD was formed. The SJVUAPCD has

authority over the San Joaquin Valley Area, including the Kern County

portion. KCAPCD retained authority over the Southeast Desert Air Basin

portion of Kern County. See footnote 1.

The State of California submitted many revised RACT rules for

incorporation into its SIP on May 10, 1996; May 24, 1994; and October

13, 1995, including the rules being acted on in this document. This

document addresses EPA's direct-final action for KCAPCD Rule 414,

Wastewater Separators; SJVUAPCD Rule 4681, Rubber Tire Manufacturing;

and SCAQMD Rule 1166, Volatile Organic Compound Emissions from

Decontamination of Soil. KCAPCD adopted Rule 414 on March 7, 1996.

SJVUAPCD adopted Rule 4681 on December 16, 1993. SCAQMD adopted Rule

1166 on July 14, 1995. These submitted rules were found to be complete

on July 19, 1996; July 14, 1994; and November 28, 1995 pursuant to

EPA's completeness criteria that are set forth in 40 CFR part 51,

Appendix V 6 and are being finalized for approval into the

SIP.

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\6\ 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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KCAPCD Rule 414 controls VOC emissions from petroleum refinery

wastewater separators. SJVUAPCD Rule 4681 controls VOC emissions from

rubber tire and recapping treadstock manufacturing facilities. SCAQMD

controls VOC emissions from soil decontamination operations. VOCs

contribute to the production of ground level ozone and smog. These

rules were originally adopted as part of districts' efforts to achieve

the National Ambient Air Quality Standard (NAAQS) for ozone and in

response to EPA's SIP-Call. The following is EPA's evaluation and final

action for these rules.

III. 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 the various EPA

policy guidance documents listed in footnote 3. 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.

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. Under the CAA, Congress ratified EPA's use of these

documents, as well as other Agency policy, for requiring States to

``fix-up'' their RACT rules. See section 182(a)(2)(A). The CTG

applicable to KCAPCD Rule 414 is entitled ``Control of Refinery Vacuum

Producing Systems, Wastewater Separators and Process Unit Turnarounds''

(EPA-450/2-77-025). The CTG applicable to SJUVAPCD Rule 4681 is

entitled ``Control of Volatile Organic Emissions from Manufacture of

Pneumatic Rubber Tires'' (EPA-450/2-78-030). For some source

categories, such as soil decontamination operations, EPA did not

publish a CTG. Therefore, there is no CTG applicable to SCAQMD Rule

1166. In such cases, State and local agencies determine what controls

are required to satisfy the RACT requirement by reviewing the

operations of facilities within the affected source category. In that

review, the technological and economic feasibility of the proposed

controls are considered. In addition, for both CTG and non-CTG source

categories, EPA has issued policy documents, such as the Blue Book

referred to in footnote 3, to ensure that VOC rules are fully

enforceable and strengthen or maintain the SIP.

On May 13, 1993, EPA approved into the SIP a version of KCAPCD Rule

414, Wastewater Separators, that had been adopted by KCAPCD on May 6,

1991. The submitted version of Rule 414 includes the following

significant changes from the current SIP:

Modified the definition of Volatile Organic Compound

(VOC).

Changed the basis for exemption to a vapor pressure and

throughput cutoff.

On June 23, 1994, EPA approved into the SIP a version of SJVUAPCD

Rule 4681, Rubber Tire Manufacturing, that had been adopted by SJVAPCD

on May 16, 1991. The submitted version of Rule 4681 includes the

following significant changes from the current SIP:

Changed the rule number (from Rule 468.1 to Rule 4681) and

the rule format.

Added test methods and procedures.

There is currently no version of SCAQMD Rule 1166, Volatile Organic

Compound Emissions from Decontamination of Soil, in the SIP. On

February 12, 1993, EPA proposed limited approval and limited

disapproval of the version of Rule 1166 adopted by SCAQMD on August 5,

1988 and submitted by CARB on March 26, 1990. EPA will not finalize

action on this previous submittal of SCAQMD

[[Page 43883]]

Rule 1166 because today's action on the October 13, 1995 submittal of

Rule 1166 supersedes EPA's earlier proposed action.

SCAQMD Rule 1166 includes the following provisions:

Notification and monitoring requirements for persons

excavating underground storage tanks.

Mitigation plan requirements for persons handling VOC-

contaminated soil.

Control requirements for persons treating contaminated

soil.

Prohibition of uncontrolled aeration of contaminated soil.

EPA has evaluated the submitted rules and has determined that they

are consistent with the CAA, EPA regulations, and EPA policy.

Therefore, KCAPCD Rule 414, Wastewater Separators; SJVUAPCD Rule 4681,

Rubber Tire Manufacturing; and SCAQMD Rule 1166, Volatile Organic

Compound Emissions from Decontamination of Soil, are being approved

under section 110(k)(3) of the CAA as meeting the requirements of

section 110(a) and part D.

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 rule without prior proposal because the

Agency views this as a noncontroversial revision and anticipates no

adverse comments. However, in the proposed rules section of this

Federal Register publication, EPA is publishing a separate document

that will serve as the proposal to approve the SIP revision should

relevant adverse comments be filed. This rule will be effective October

16, 1998 without further notice unless the Agency receives relevant

adverse comments by September 16, 1998.

If the EPA receives such comments, then EPA will publish a notice

withdrawing the final rule and informing the public that the rule will

not take effect. All public comments received will then be addressed in

a subsequent final rule based on the proposed rule. The EPA will not

institute a second comment period. Any parties interested in commenting

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

is advised that this rule will be effective on October 16, 1998 and no

further action will be taken on the proposed rule.

IV. Administrative Requirements

A. Executive Orders 12866 and 13045

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

regulatory action from E.O. 12866 review.

This final rule is not subject to E.O. 13045, entitled ``Protection

of Children from Environmental Health Risks and Safety Risks,'' because

it is not an ``economically significant'' action under E.O. 12866.

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).

C. Unfunded Mandates

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 this approval action 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

The Congressional Review Act, 5 U.S.C. 801 et seq., as added by the

Small Business Regulatory Enforcement Fairness Act of 1996, generally

provides that before a rule may take effect, the agency promulgating

the rule must submit a rule report, which includes a copy of the rule,

to each House of the Congress and to the Comptroller General of the

United States. EPA will submit 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 United States prior

to publication of the rule in the 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 October 16, 1998. 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.

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.

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Dated: July 29, 1998.

Nora L. McGee,

Acting Regional Administrator, Region IX.

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 et seq.

Subpart F--California

2. Section 52.220 is amended by adding paragraphs

(c)(197)(i)(C)(2), (225)(i)(A)(3), and (231)(i)(B)(3) to read as

follows:

Sec. 52.220 Identification of plan.

* * * * *

(c) * * *

(197) * * *

(i) * * *

(C) * * *

(2) Rule 4681, adopted on December 16, 1993.

* * * * *

(225) * * *

(i) * * *

(A) * * *

(3) Rule 1166, adopted on July 14, 1995.

* * * * *

(231) * * *

(i) * * *

(B) * * *

(3) Rule 414, adopted on March 7, 1996.

* * * * *

[FR Doc. 98-21900 Filed 8-14-98; 8:45 am]

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