[Federal Register Volume 62, Number 219 (Thursday, November 13, 1997)]
[Rules and Regulations]
[Pages 60784-60785]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-29863]
[[Page 60784]]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 034-0048; FRL-5917-5]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, South Coast Air Quality Management
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is finalizing limited approvals and limited disapprovals
of revisions to the California State Implementation Plan (SIP) proposed
in the Federal Register on September 23, 1992 and May 14, 1997. 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 revised rules control VOC emissions from the formulation and
manufacture of pharmaceuticals and cosmetics and from facilities that
load organic liquids into tank trucks, trailers, or railroad tank cars.
Thus, EPA is finalizing a simultaneous limited approval and limited
disapproval under CAA provisions regarding EPA action on SIP submittals
and general rulemaking authority because these revisions, while
strengthening the SIP, also do not fully meet the CAA provisions
regarding plan submissions and requirements for nonattainment areas. As
a result of this limited disapproval EPA will be required to impose
highway funding or emission offset sanctions under the CAA unless the
State submits and EPA approves corrections to the identified
deficiencies within 18 months of the effective date of this
disapproval. Moreover, EPA will be required to promulgate a Federal
implementation plan (FIP) unless the deficiencies are corrected within
24 months of the effective date of this disapproval.
EFFECTIVE DATE: This action is effective on December 15, 1997.
ADDRESSES: Copies of the rules and EPA's evaluation report for each
rule are available for public inspection at EPA's Region 9 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 92123-1095.
South Coast Air Quality Management District, 21865 E. Copley Drive,
Diamond Bar, CA 91765-4182.
FOR FURTHER INFORMATION CONTACT: Christine Vineyard, Rulemaking Office,
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX,
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1197.
SUPPLEMENTARY INFORMATION:
I. Applicability
The rules being approved into the California SIP include: South
Coast Air Quality Management District (SCAQMD) Rule 1103,
Pharmaceuticals and Cosmetic Manufacturing Operations; and SCAQMD Rule
462, Organic Liquid Loading. These rules were submitted by the
California Air Resources Board (CARB) to EPA on May 13, 1991 and
October 13, 1995, respectively.
This Federal Register action for the South Coast Air Quality
Management District 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. 1
---------------------------------------------------------------------------
\1\ 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 Antelope Valley Region in Los Angeles County is 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).
---------------------------------------------------------------------------
II. Background
On September 23, 1992 in 57 FR 43960 and May 14, 1997 in 62 FR
26460, EPA proposed granting limited approval and limited disapproval
of the following rules into the California SIP: SCAQMD Rule 1103,
Pharmaceutical and Cosmetic Manufacturing Operations, and SCAQMD Rule
462, Organic Liquid Loading. Rule 1103 was adopted by SCAQMD on
December 7, 1990 and Rule 462 was adopted by SCAQMD on June 9, 1995.
These rules were submitted by the CARB to EPA on May 13, 1991 and
October 13, 1995, respectively. These rules were submitted in response
to EPA's 1988 SIP Call and the CAA section 182(a)(2)(A) requirement
that nonattainment areas fix their reasonably available control
technology (RACT) rules for ozone in accordance with EPA guidance that
interpreted the requirements of the pre-amendment Act. A detailed
discussion of the background for each of the above rules and
nonattainment areas is provided in the proposed rules (PRs) cited
above.
EPA has evaluated the above rules for consistency with the
requirements of the CAA and EPA regulations and EPA's interpretation of
these requirements as expressed in the various EPA policy guidance
documents referenced in the PRs. EPA is finalizing the limited approval
of these rules in order to strengthen the SIP and finalizing the
limited disapproval requiring the correction of the remaining
deficiencies. SCAQMD Rule 1103 deficiencies include the following: (1)
Air Pollution Control Officer discretion in the approval of equivalent
control systems; (2) inadequate recordkeeping requirements for key
operating parameters for monitoring control systems; (3) the lack of
necessary recordkeeping requirements to show compliance with exemption
levels; and (4) the lack of a test method for measuring vapor pressure.
In SCAQMD Rule 462 the deficiency is the definition of ``facility vapor
leak'' that allows a measurement distance of 2 centimeters from the
source according to procedures listed in EPA Test Method 21. This 2
centimeter distance is inconsistent with EPA Test Method 21, which
requires measurement at the surface of the source or 1 centimeter for
moving parts. A detailed discussion of the rule provisions and
evaluations has been provided in the PRs and in the technical support
documents (TSDs) available at EPA's Region IX office (TSDs dated June
19, 1992 (Rule 1103) and March 12, 1997 (Rule 462)).
III. Response to Public Comments
A 30-day public comment period was provided in 57 FR 43960 and 62
FR 26460. EPA received no comments on the PRs.
IV. EPA Action
EPA is finalizing a limited approval and a limited disapproval of
the above-referenced rules. The limited approval of these rules is
being finalized under section 110(k)(3) in light of EPA's
[[Page 60785]]
authority pursuant to section 301(a) to adopt regulations necessary to
further air quality by strengthening the SIP. The approval is limited
in the sense that the rules strengthen the SIP. However, the rules do
not meet the section 182(a)(2)(A) CAA requirement because of the rule
deficiencies which were discussed in the PRs. Thus, in order to
strengthen the SIP, EPA is granting limited approval of these rules
under sections 110(k)(3) and 301(a) of the CAA. This action approves
the rules into the SIP as federally enforceable rules.
At the same time, EPA is finalizing the limited disapproval of
these rules because they contain deficiencies that have not been
corrected as required by section 182(a)(2)(A) of the CAA, and, as such,
the rules do not fully meet the requirements of Part D of the Act. As
stated in the PRs, upon the effective date of this FR, the 18-month
clock for sanctions and the 24-month FIP clock will begin. Sections
179(a) and 110(c). If the State does not submit the required
corrections and EPA does not approve the submittal within 18 months of
the FR, either the highway sanction or the offset sanction will be
imposed at the 18 month mark. It should be noted that the rules covered
by this FR have been adopted by the SCAQMD and are currently in effect
in the SCAQMD. EPA's limited disapproval action will not prevent a
local agency or EPA from enforcing these rules.
Nothing in this action should be construed as permitting or
allowing or establishing a precedent for any future request for
revision to any state 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.
V. 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 sections 110 and 30l, 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 flexibility analysis would constitute
Federal inquiry into the economic reasonableness of state action. The
Clean Air Act forbids EPA to base its action 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 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 this rule in today's
Federal Register. This rule is not a ``major rule'' as defined by 5
U.S.C. 804(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 compound.
Dated: October 24, 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)(184)(i)(B)(5)
and (225)(i)(A)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(184) * * *
(i) * * *
(B) * * *
(5) Rule 1103, adopted on December 7, 1990.
* * * * *
(225) * * *
(i) * * *
(A) * * *
(2) Rule 462, revised on June 9, 1995.
* * * * *
[FR Doc. 97-29863 Filed 11-12-97; 8:45 am]
BILLING CODE 6560-50-P