[Federal Register Volume 71, Number 69 (Tuesday, April 11, 2006)]
[Rules and Regulations]
[Pages 18216-18219]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-3401]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[EPA-R09-OAR-2006-0171; FRL-8053-2]
Revisions to the California State Implementation Plan, San
Joaquin Valley Unified Air Pollution Control District and 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 to approve revisions to the
San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD)
and South Coast Air Quality Management District (SCAQMD) portions of
the California State Implementation Plan (SIP). These revisions concern
particulate matter (PM-10) emissions from open burning and volatile
organic compound (VOC) emissions from gasoline storage and transfer. We
are approving local rules that regulate these emission sources under
the Clean Air Act as amended in 1990 (CAA or the Act).
DATES: This rule is effective on June 12, 2006 without further notice,
unless EPA receives adverse comments by May 11, 2006. If we receive
such comments, we will publish a timely withdrawal in the Federal
Register to notify the public that this direct final rule will not take
effect.
ADDRESSES: Submit comments, identified by docket number EPA-R09-OAR-
2006-0171, by one of the following methods:
Federal eRulemaking Portal: http://www.regulations.gov.
Follow the on-line instructions.
E-mail: [email protected].
Mail or deliver: Andrew Steckel (Air-4), U.S.
Environmental Protection Agency Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
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 you consider CBI or otherwise protected should be
clearly identified as such and should not be submitted through
www.regulations.gov or e-mail.
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 e-mail directly to EPA, your e-
mail 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: The index to the docket for this action is 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 in the index, some information may
be publicly available only at the hard copy location (e.g., copyrighted
material), 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: Al Petersen, EPA Region IX, (415) 947-
4118, [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 revisions?
II. EPA's Evaluation and Action
A. How is EPA evaluating the rules?
B. Do the rule revisions meet the evaluation criteria?
C. 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 we are approving with the dates that the
amended rules were adopted by the local air agencies and submitted by
the California Air Resources Board (CARB).
[[Page 18217]]
Table 1.--Submitted Rules for Direct Final Approval
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Rule
Local agency Rule title Amended Submitted
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SJVUAPCD................................... 4103 Open Burning.................. 05/19/05 10/20/05
SCAQMD..................................... 461 Gasoline Storage and Transfer. 06/03/05 10/20/05
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On November 22, 2005, these rule submittals were found to meet 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?
We approved a version of SJVUAPCD Rule 4103 into the SIP on April
25, 2005 (70 FR 21151). We approved a version of SCAQMD Rule 461 into
the SIP on February 22, 2005 (70 FR 8520).
C. What Is the Purpose of the Submitted Rule Revisions?
Section 110(a) of the Clean Air Act (CAA) requires states to submit
regulations that control volatile organic compounds, nitrogen oxides,
particulate matter, and other air pollutants which harm human health
and the environment. These rules were developed as part of the local
air district's programs to control these pollutants.
The primary purpose of the SJVUAPCD Rule 4103 revisions relative to
the SIP rule is to add provisions to the rule in order to be consistent
with California Health and Safety Code sections 41855.5 and 41855.6 as
follows:
4103.5.5.1.1: As of June 1, 2005 no permit shall be issued
for the burning waste from the field crops of alfalfa, asparagus,
barley stubble, beans, corn, cotton, flower straw, hay, lemon grass,
oat stubble, pea vines, peanuts, safflower, sugar cane, vegetable
crops, and wheat stubble.
4103.5.5.1.2: As of June 1, 2005 no permit shall be issued
for the burning of prunings from apricot crops, avocado crops,
bushberry crops, cherry crops, Christmas trees, citrus crops, date
crops, eucalyptus crops, kiwi crops, nectarine crops, nursery prunings,
olive crops, pasture or corral trees, peach crops, persimmon crops,
pistachio crops, plum crops, pluot crops, pomegranate crops, prune
crops, and rose crops.
4103.5.5.1.3: As of June 1, 2005 no permit shall be issued
for weed abatement from berms, fence rows, pasture, grass, and Bermuda
grass.
4103.5.5.2: Between June 1, 2005 and June 1, 2008 permits
may be issued for the burning of rice stubble up to 100% of the rice
acreage farmed and between June 1, 2008 and June 1, 2010 for the
burning of rice stubble up to 70% of the rice acreage farmed.
4103.5.5.3: Until June 1, 2010 permits may be issued for
the burning of prunings from apple crops, pear crops, fig crops, and
quince crops and for weed abatement affecting surface waterways,
including pond and levee banks.
4103.5.5.4: As of June 1, 2005 owner/operators shall use
at least one of fourteen Best Management Practices listed in attachment
1 of Rule 4103 for the control of star thistle, dodder weeds, tumble
weeds, noxious weeds, and weeds located along ditch banks or canal
banks and shall use one of three listed Best Management Practices for
disposal of pesticide or fertilizer sacks. The APCO may approve any
alternative practice that is demonstrated to be at least as effective
in controlling emissions as the listed practices.
The purposes of SCAQMD Rule 461 revisions relative to the SIP rule
are as follows:
461(c)(1)(B) and 461(c)(2)(B): The rule adds the
requirements for training of installer/contractors in a manufacturer's
program for Phase I and II vapor recovery equipment by June 30, 2006.
461(c)(3)(M): The rule adds the requirement for a non-
retail transfer and dispensing facility to have an operating and
maintenance manual with manufacturer required maintenance procedures
delineated.
461(e)(2)(A) and 461(f): The rule adds the requirement for
additional reverification tests and test procedures, as applicable, for
static torque of rotatable adaptors, leak rate of the drop tube/drain
valve assembly, leak rate of the drop tube overfill protection device
and spill container drain valve, and the leak rate and cracking
pressure of pressure/vacuum vent valves.
461(e)(7)(E): The rule adds the requirement for a record
of training for the installer/contractor for installation of Enhanced
Vapor Recovery Equipment.
461(g)(1): The rule deletes after July 1, 2007 the
exemption for a storage tank with more than 75% of its throughput used
for implements of husbandry.
461(g)(2): The rule adds an exemption for fueling the
Tournament of Roses Parade floats.
EPA's technical support document (TSD) has 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
CAA) and must not relax existing requirements (see sections 110(l) and
193).
SIP rules must require for major sources reasonably available
control measures (RACM), including reasonably available control
technology (RACT), in moderate PM-10 nonattainment areas (see section
189(a)) or must require for major sources best available control
measures (BACM), including best available control technology (BACT), in
serious PM-10 nonattainment areas (see section 189(b)). SJVUAPCD
regulates a serious PM-10 nonattainment area (see 40 CFR part 81), so
SJVUAPCD Rule 4103 must fulfill the requirements of BACM/BACT.
SIP rules in ozone nonattainment areas must require RACT for major
sources of VOC (see section 182(a)(2)(A)). The SCAQMD regulates a 1-
hour ozone nonattainment area (see 40 CFR part 81), so Rule 461 must
fulfill the requirements of RACT. SIP rules regulating gasoline storage
and transfer must also provide for vapor recovery from the fueling of
motor vehicles (see section 182(a)(3)).
Guidance and policy documents that we use to help evaluate specific
enforceability and RACT requirements consistently include the
following:
Requirements for Preparation, Adoption, and Submittal of
Implementation Plans, U.S. EPA, 40 CFR part 51.
PM-10 Guideline Document (EPA-452/R-93-008).
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, EPA (May 25, 1988) (the Bluebook).
Guidance Document for Correcting Common VOC & Other Rule
Deficiencies, EPA Region IX (August 21, 2001) (the Little Bluebook).
Draft Model Rule, Gasoline Dispensing Facility--Stage II
Vapor Recovery, EPA (August 17, 1992).
[[Page 18218]]
Gasoline Vapor Recovery Guidelines, EPA Region IX (April
24, 2000).
B. Do the Rule Revisions Meet the Evaluation Criteria?
We believe these rules are consistent with the relevant policy and
guidance regarding enforceability, SIP relaxations, BACM/BACT, RACT,
and the special requirements for gasoline vapor recovery from fueling
motor vehicles. The TSD has more information on our evaluation.
C. Public Comment and Final Action
As authorized in section 110(k)(3) of the CAA, EPA is fully
approving the submitted SJVUAPCD Rule 4103 and SCAQMD Rule 461 because
we believe they fulfill all relevant requirements. We do not think
anyone will object to this approval, so we are finalizing it without
proposing it in advance. However, in the Proposed Rules section of this
Federal Register, we are simultaneously proposing approval of the same
submitted rules. If we receive adverse comments by May 11, 2006, we
will publish a timely withdrawal in the Federal Register to notify the
public that the direct final approval will not take effect and we will
address the comments in a subsequent final action based on the
proposal. If we do not receive timely adverse comments, the direct
final approval will be effective without further notice on June 12,
2006. This will incorporate these rules into the federally enforceable
SIP.
Please note that if EPA receives adverse comment on an amendment,
paragraph, or section of this rule and if that provision may be severed
from the remainder of the rule, EPA may adopt as final those provisions
of the rule that are not the subject of an adverse comment.
III. Statutory and Executive Order Reviews
Under Executive Order 12866 (58 FR 51735, October 4, 1993), this
action is not a ``significant regulatory action'' and therefore is not
subject to review by the Office of Management and Budget. For this
reason, this action is also not subject to Executive Order 13211,
``Actions Concerning Regulations That Significantly Affect Energy
Supply, Distribution, or Use'' (66 FR 28355, May 22, 2001). This action
merely approves state law as meeting Federal requirements and imposes
no additional requirements beyond those imposed by state law.
Accordingly, the Administrator certifies that this rule will not have a
significant economic impact on a substantial number of small entities
under the Regulatory Flexibility Act (5 U.S.C. 601 et seq.). Because
this rule approves pre-existing requirements under state law and does
not impose any additional enforceable duty beyond that required by
state law, it does not contain any unfunded mandate or significantly or
uniquely affect small governments, as described in the Unfunded
Mandates Reform Act of 1995 (Public Law 104-4).
This rule also does not have tribal implications because it will
not have a substantial direct effect on one or more Indian tribes, on
the relationship between the Federal Government and Indian tribes, or
on the distribution of power and responsibilities between the Federal
Government and Indian tribes, as specified by Executive Order 13175 (65
FR 67249, November 9, 2000). This action also does not have federalism
implications because it does not have substantial direct effects on the
States, on the relationship between the National Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, as specified in Executive Order 13132 (64
FR 43255, August 10, 1999). This action merely approves a state rule
implementing a Federal standard, and does not alter the relationship or
the distribution of power and responsibilities established in the Clean
Air Act. This rule also is not subject to Executive Order 13045,
``Protection of Children from Environmental Health Risks and Safety
Risks'' (62 FR 19885, April 23, 1997), because it is not economically
significant.
In reviewing SIP submissions, EPA's role is to approve state
choices, provided that they meet the criteria of the Clean Air Act. In
this context, in the absence of a prior existing requirement for the
State to use voluntary consensus standards (VCS), EPA has no authority
to disapprove a SIP submission for failure to use VCS. It would thus be
inconsistent with applicable law for EPA, when it reviews a SIP
submission, to use VCS in place of a SIP submission that otherwise
satisfies the provisions of the Clean Air Act. Thus, the requirements
of section 12(d) of the National Technology Transfer and Advancement
Act of 1995 (15 U.S.C. 272 note) do not apply. This rule does not
impose an information collection burden under the provisions of the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.).
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. A major rule cannot
take effect until 60 days after it is published in the Federal
Register. This action is not a ``major rule'' as defined by 5 U.S.C.
804(2).
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 June 12, 2006. 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, Incorporation by
reference, Intergovernmental relations, Ozone, Particulate matter,
Reporting and recordkeeping requirements, Volatile organic compounds.
Dated: March 7, 2006.
Wayne Nastri,
Regional Administrator, Region IX.
0
Part 52, chapter I, title 40 of the Code of Federal Regulations is
amended as follows:
PART 52--[AMENDED]
0
1. The authority citation for part 52 continues to read as follows:
Authority: 42 U.S.C. 7401 et seq.
Subpart F--California
0
2. Section 52.220 is amended by adding paragraph (c)(342)(i)(B) and (C)
to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(342) * * *
(i) * * *
(B) San Joaquin Valley Unified Air Pollution Control District.
(1) Rule 4103, adopted on June 18, 1992 and amended on May 19,
2005.
(C) South Coast Air Quality Management District.
[[Page 18219]]
(1) Rule 461, adopted on January 9, 1976 and amended on June 3,
2005.
[FR Doc. 06-3401 Filed 4-10-06; 8:45 am]
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