[Federal Register Volume 78, Number 23 (Monday, February 4, 2013)]
[Proposed Rules]
[Pages 7703-7705]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2013-02377]



40 CFR Part 52

[EPA-R09-OAR-2012-0728; FRL 9775-8]

Revisions to the California State Implementation Plan, South 
Coast Air Quality Management District, Proposed Rule

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.


SUMMARY: EPA is proposing to approve a revision to the South Coast Air 
Quality Management District (SCAQMD) portion of the California State 
Implementation Plan (SIP). Under authority of the Clean Air Act as 
amended in 1990 (CAA or the Act), we are proposing to approve local 
rules that address volatile organic compound (VOC) emissions from 
municipal solid waste landfills and livestock waste. We are taking 
comments on this proposal and plan to follow with a final action.

DATES: Any comments must arrive by March 6, 2013.

ADDRESSES: Submit comments, identified by docket number, EPA-R09-OAR-
2012-0728, by one of the following methods:
    1. Federal eRulemaking Portal: www.regulations.gov. Follow the on-
line instructions.
    2. Email: steckel.andrew@epa.gov.
    3. Mail or deliver: Andrew Steckel (Air-4), U.S. Environmental 
Protection Agency Region IX, 75 Hawthorne Street, San Francisco, CA 
    Instructions: All comments will be included in the public docket 
without change and may be made available online at 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 email. 
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 email directly to EPA, your email 
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 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 

Environmental Protection Agency, Region 9, (213) 244-1812, email: 

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 and rule revision?
II. EPA's Evaluation and Action.
    A. How is EPA evaluating the rules?
    B. Do the rules meet the evaluation criteria?
    C. EPA Recommendations to Further Improve the Rules.
    D. Public Comment and Final Action.
III. Statutory and Executive Order Reviews

The State's Submittal

A. What rules did the State submit?

    Table 1 lists the rules we are approving with the dates that they 
were adopted by the local air agency and submitted by the California 
Air Resources Board (CARB).

                                            Table 1--Submitted Rules
             Local agency               Rule          Rule title             Adopted        Submitted
SCAQMD...............................           1150.1  Control of Gaseous              04/01/11        09/27/11
                                                         Emissions from
                                                         Municipal Solid Waste
SCAQMD...............................           1127    Emissions Reductions            08/06/04        10/05/06
                                                         from Livestock Waste.

    On October 24, 2011 and October 24, 2006, EPA determined that the 
submittals for SCAQMD Rules 1150.1 and 1127, respectively, met 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 an earlier version of Rule 1150.1 into the SIP on July 
1, 2002 (67 FR 44062). SCAQMD adopted revisions to the SIP-approved 
version on April 1, 2011 and CARB submitted them to us on September 27, 

C. What is the purpose of the submitted rule and rule revision?

    VOCs help produce ground-level ozone and smog, which harm human 
health and the environment. Section 110(a) of the CAA requires States 
to submit regulations that control VOC emissions. EPA's technical 
support documents (TSD) have more information about these rules.
    SCAQMD Rule 1150.1, ``Control of Gaseous Emissions from Municipal 
Solid Waste Landfills,'' is an amended rule that regulates landfill gas 
emissions. The submitted rule applies to both active and inactive 
municipal solid waste (MSW) landfills and defines an active MSW 
landfill as one that has received solid waste on or after November 8, 
    The two previous versions of Rule 1150.1 (April 10, 1998 and March 
10, 2000) focused on controlling VOC emissions, as well as toxic air 
contaminant (TAC) emissions. SCAQMD's intent was to reduce the 
contribution of these pollutants to atmospheric ozone, avoid public 
nuisance complaints from odorous compounds, and prevent the detriment 
to public health caused by such emissions.

[[Page 7704]]

    Increased focus on controlling greenhouse gases (GHGs) led to the 
enactment by the California Legislature of Assembly Bill 32 (AB 32), 
the Global Warming Solutions Act of 2006. SCAQMD's primary purpose for 
revising Rule 1150.1 is to incorporate provisions to achieve 
equivalency with an AB 32 early action measure, the Landfill Methane 
Regulation (California Code of Regulations, Title 17, Sections 95460 to 
95476). We note that the revisions to Rule 1150.1 also enhance the 
regulation of VOCs by improving the rule's overall enforceability 
through clarifications of standards for already-required controls and 
the streamlining of duplicative recordkeeping and reporting 
    SCAQMD Rule 1127 was adopted on August 6, 2004. The purpose of the 
rule is to reduce emissions of ammonia, VOC and particulate matter 
under 10 microns (PM10) from dairies. Applicable operations 
include dairies, heifer, and calf farms within the SCAQMD's 
jurisdiction. It also applies to manure processing operations, such as 
composting operations and anaerobic digesters.
    Rule 1127 was designed to implement the 2003 Air Quality Management 
Plan (AQMP) control measure, WST-01, and establish Best Available 
Control Measure (BACM) requirements for dairies pursuant to Senate Bill 
(SB) 700 (Florez) signed by California governor Gray Davis on September 
22, 2003. SB 700 required applicable non-attainment areas to remove 
exemptions for certain agricultural operations from permitting 
requirements. EPA is evaluating the rule provisions for conformance 
with reasonable available control technology (RACT) requirements 
pursuant to Clean Air Act (CAA) Section 182(b)(2).

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 
Act), must require RACT for each category of sources covered by a 
Control Techniques Guidelines (CTG) document as well as each major 
source in nonattainment areas (see sections 182(a)(2) and (b)(2)), and 
must not relax existing requirements (see sections 110(l) and 193). 
SCAQMD regulates an ozone nonattainment area (see 40 CFR part 81), so 
Rules 1150.1 and 1127 must fulfill RACT.
    Guidance and policy documents that we use to evaluate 
enforceability and RACT requirements consistently include the 
    1. ``Issues Relating to VOC Regulation Cutpoints, Deficiencies, and 
Deviations,'' EPA, May 25, 1988 (the Bluebook).
    2. ``Guidance Document for Correcting Common VOC & Other Rule 
Deficiencies,'' EPA Region 9, August 21, 2001 (the Little Bluebook).

B. Do the rules meet the evaluation criteria?

    We believe these rules are consistent with the relevant policy and 
guidance regarding enforceability, RACT and SIP relaxations. The 
revisions to Rule 1150.1 strengthen the rule by improving 
enforceability and streamlining duplicative requirements. Rule 1127 
meets the RACT criteria by implementing control technology that is 
reasonably available, considering technological and economic 
feasibility. The TSDs have more information on our evaluation.

C. EPA recommendations to further improve the rules.

    EPA has no recommendation to further improve Rule 1150.1. We do 
have recommendations to improve Rule 1127 which are detailed in the 

D. Public Comment and Final Action.

    Because EPA believes the submitted rules fulfill all relevant 
requirements, we are proposing to fully approve them as described in 
section 110(k)(3) of the Act. We will accept comments from the public 
on this proposal for the next 30 days. Unless we receive convincing new 
information during the comment period, we intend to publish a final 
approval action that will incorporate these rules into the federally 
enforceable SIP.

III. Statutory and Executive Order Reviews

    Under the Clean Air Act, the Administrator is required to approve a 
SIP submission that complies with the provisions of the Act and 
applicable Federal regulations. 42 U.S.C. 7410(k); 40 CFR 52.02(a). 
Thus, in reviewing SIP submissions, EPA's role is to approve State 
choices, provided that they meet the criteria of the Clean Air Act. 
Accordingly, this action merely approves State law as meeting Federal 
requirements and does not impose additional requirements beyond those 
imposed by State law. For that reason, this action:
     Is not a ``significant regulatory action'' subject to 
review by the Office of Management and Budget under Executive Order 
12866 (58 FR 51735, October 4, 1993);
     Does not impose an information collection burden under the 
provisions of the Paperwork Reduction Act (44 U.S.C. 3501 et seq.);
     Is certified as not having a significant economic impact 
on a substantial number of small entities under the Regulatory 
Flexibility Act (5 U.S.C. 601 et seq.);
     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);
     Does not have Federalism implications as specified in 
Executive Order 13132 (64 FR 43255, August 10, 1999);
     Is not an economically significant regulatory action based 
on health or safety risks subject to Executive Order 13045 (62 FR 
19885, April 23, 1997);
     Is not a significant regulatory action subject to 
Executive Order 13211 (66 FR 28355, May 22, 2001);
     Is not subject to requirements of Section 12(d) of the 
National Technology Transfer and Advancement Act of 1995 (15 U.S.C. 272 
note) because application of those requirements would be inconsistent 
with the Clean Air Act; and
     Does not provide EPA with the discretionary authority to 
address disproportionate human health or environmental effects with 
practical, appropriate, and legally permissible methods under Executive 
Order 12898 (59 FR 7629, February 16, 1994).
In addition, this rule does not have tribal implications as specified 
by Executive Order 13175 (65 FR 67249, November 9, 2000), because the 
SIP is not approved to apply in Indian country located in the State, 
and EPA notes that it will not impose substantial direct costs on 
tribal governments or preempt tribal law.
    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 action 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. 
    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 April 5, 2013.

[[Page 7705]]

Filing a petition for reconsideration by the Administrator of this 
final rule does not affect the finality of this action 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. Parties with objections to this 
direct final rule are encouraged to file a comment in response to the 
parallel notice of proposed rulemaking for this action published in the 
Proposed Rules section of today's Federal Register, rather than file an 
immediate petition for judicial review of this direct final rule, so 
that EPA can withdraw this direct final rule and address the comment in 
the proposed rulemaking. 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, Intergovernmental 
relations, Ozone, Reporting and recordkeeping requirements, Volatile 
organic compounds.

    Authority:  42 U.S.C. 7401 et seq.

    Dated: January 23, 2013.
Jared Blumenfeld,
Regional Administrator, Region IX.
[FR Doc. 2013-02377 Filed 2-1-13; 8:45 am]