Revision to the California State Implementation Plan, Ventura County Air Pollution Control District, 46090-46092 [05-15741]

Agencies

• ENVIRONMENTAL PROTECTION AGENCY

[Federal Register Volume 70, Number 152 (Tuesday, August 9, 2005)]
[Rules and Regulations]
[Pages 46090-46092]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-15741]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[R09-OAR-2005-CA-0002; FRL -7945-2]


Revision to the California State Implementation Plan, Ventura 
County Air Pollution Control 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 
Ventura County Air Pollution Control District (VCAPCD) 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 approving 
local rules that address the opacity standard; PM-10, CO, volatile 
organic compound (VOC), and SO2 emissions from industrial 
processes; and source tests. We are also rescinding local rules that 
concern exemptions from emission standards; analytical methods; and PM-
10, CO, and SO2 emission standards.

DATES: This rule is effective on October 11, 2005, without further 
notice, unless EPA receives adverse comments by September 8, 2005. If 
we receive such comments, we will publish a timely withdrawal in the 
Federal Register to notify the public that this rule will not take 
effect.

ADDRESSES: Submit comments, identified by docket number R09-OAR-2005-
CA-0002, by one of the following methods:
     Agency Web site: https://docket.epa.gov/rmepub/. EPA 
prefers receiving comments through this electronic public docket and 
comment system. Follow the on-line instructions to submit comments.
     Federal eRulemaking Portal: https://www.regulations.gov. 
Follow the on-line instructions.
     E-mail: steckel.andrew@epa.gov.
     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 https://
docket.epa.gov/ rmepub/, 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 the 
agency Web site, eRulemaking portal, or e-mail. The agency Web site and 
eRulemaking portal are ``anonymous access'' systems, 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 https://docket.epa.gov/rmepub 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 below.

FOR FURTHER INFORMATION CONTACT: Al Petersen, Rulemaking Office (AIR-
4), U.S. Environmental Protection Agency, Region IX, (415) 947-4118, 
petersen.alfred@epa.gov.

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 are the purposes of the submitted rule revisions?
II. EPA's Evaluation and Action
    A. How Is EPA evaluating the rules?
    B. Do the rules 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 or rescinding with the 
date that they were revised or rescinded by the local air agency and 
submitted by the California Air Resources Board (CARB).

                                            Table 1.--Submitted Rules
----------------------------------------------------------------------------------------------------------------
                                                                             Adopted, revised, or
          Local agency             Rule No.           Rule title                  rescinded           Submimtted
----------------------------------------------------------------------------------------------------------------
VCAPCD.........................           50  Opacity...................  04/13/04 Revised.........     07/19/04
VCAPCD.........................           52  Particulate Matter--        04/13/04 Revised.........     07/19/04
                                               Concentration (Grain
                                               Loading).
VCAPCD.........................           53  Particulate Matter--        04/13/04 Revised.........     07/19/04
                                               Process Weight.
VCAPCD.........................           55  Exemptions from Emission    04/13/04 Rescinded.......     07/19/04
                                               Standards.
VCAPCD.........................           60  New Non-Mobile Equipment--  04/13/04 Rescinded.......     07/19/04
                                               Sulfur Dioxide, Nitrogen
                                               Oxides, and Particulate
                                               Matter.
VCAPCD.........................           68  Carbon Monoxide...........  04/13/04 Revised.........     07/19/04
VCAPCD.........................        74.25  Restaurant Cooking          10/12/04 Adopted.........     01/13/05
                                               Operations.
VCAPCD.........................          100  Analytical Methods........  04/13/04 Rescinded.......     07/19/04
VCAPCD.........................          102  Source Tests..............  04/13/04 Revised.........     07/19/04
----------------------------------------------------------------------------------------------------------------


[[Page 46091]]

    On August 10, 2004, the submittal of the rules and rescissions in 
Table 1, except for Rule 74.25, was found to meet the completeness 
criteria in 40 CFR part 51, appendix V, which must be met before formal 
EPA review. On February 16, 2005, the submittal of Rule 74.25 was found 
to meet the completeness criteria.

B. Are There Other Versions of These Rules?

    We approved a version of VCAPCD Rules 50, 52, 53, and 100 into the 
SIP on September 22, 1972 (37 FR 19806). We approved a version of 
VCAPCD Rule 55 into the SIP on August 6, 1990 (55 FR 31832). We 
approved a version of VCAPCD Rule 60 into the SIP on August 15, 1977 
(42 FR 41121). We approved a version of VCAPCD Rule 68 into the SIP on 
August 6, 2001 (66 FR 40898). We approved a version of VCAPCD Rule 102 
into the SIP on June 18, 1982 (47 FR 26389). There is no SIP-approved 
version of Rule 74.25.

C. What Are the Purposes of the Submitted Rules?

    Section 110(a) of the CAA requires states to submit regulations 
that control volatile organic compounds, oxides of nitrogen, 
particulate matter, and other air pollutants which harm human health 
and the environment. These rules were developed as part of the local 
agency's program to control these pollutants.
    The purpose of the new rule is as follows:
     Rule 74.25 requires removal of at least 83% of the VOC and 
PM-10 emissions from restaurant conveyorized charbroilers.
    The purposes of revising the rules relative to the SIP rules are to 
make the following changes:
     Rule 50 adds EPA Method 9 for determining compliance with 
the rule and adds seven exemptions to the rule for source categories, 
most of which are already exempted elsewhere.
     Rules 52 and 53 add exemptions for clarity of 
applicability for boilers, water heaters, process heaters, and space 
heaters that combust liquid or gaseous fuels or waste gases that emit 
only combustion products, add exemptions for source categories that are 
regulated by Rules 56 and 74.1, add exemptions for internal combustion 
engines and flares, and add test methods and definitions.
     Rule 68 adds exemptions for clarity of applicability for 
boilers, steam generators, water heaters, process heaters, space 
heaters, gas turbines, flares, and open outdoor fires and adds test 
methods and definitions.
     Rule 102 adds the requirement that tests be performed in 
strict accordance with the test methods specified in the rule and to 
change the time of reporting to 45 days after the tests are completed.
    The purposes of rescinding three rules are as follows:
     Rule 55 rescission removes the exemption rule and 
transfers the exemptions in the rule to Rules 50 and 51 and deletes the 
inactive exemption for short-duration experimental or research 
operations.
     Rule 60 rescission removes a rule containing obsolete non-
stringent limits on PM-10, CO, and SO2 emissions from new non-mobile 
equipment and transfer regulation of these emissions to Rule 26, New 
Source Review.
     Rule 100 rescission removes an obsolete rule concerning 
test methods, which are now contained in relevant individual rules.

II. EPA's Evaluation and Action

A. How is EPA Evaluating the Rules?

    Generally, prohibitory SIP rules must be enforceable (see section 
110(a) of the CAA), must require Reasonably Available Control 
Technology (RACT) for major volatile organic compound (VOC) sources in 
ozone nonattainment areas (see section 182(a)(2)(A)), and must not 
relax existing requirements (see sections 110(l) and 193). The VCAPCD 
regulates a 1-hour ozone nonattainment area, but there are no major VOC 
sources regulated by the rules in this action. There are control 
technology requirements for PM-10 nonattainment areas, but VCAPCD is in 
attainment for PM-10 and CO (see 40 CFR part 81).
    The following guidance documents were used for reference:
     Requirements for Preparation, Adoption, and Submittal of 
Implementation Plans, EPA, 40 CFR part 51.
     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 9 (August 21, 2001) (The Little Bluebook).
     PM-10 Guideline Document, EPA (April 1993).

B. Do the Rules Meet the Evaluation Criteria?

    We believe VCAPCD Rules 50, 52, 53, 68, 74.25, and 102 are 
consistent with the relevant policy and guidance regarding 
enforceability, SIP relaxations, and fulfilling the requirements of 
RACT. The rules improve the SIP and should be approved. The rescission 
of VCAPCD Rules 55, 60, and 100 simplifies and does not relax the SIP. 
The TSD has more information on our evaluation.

C. Public Comment and Final Action

    As authorized in section 110(k)(3) of the CAA, we are fully 
approving the submitted Rules 50, 52, 53, 68, 74.25, and 102 and we are 
approving the rescission of Rules 55, 60, and 100, because we believe 
these actions fulfill all relevant requirements. We do not think anyone 
will object to this, so we are finalizing the approval 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 September 8, 2005, 
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 October 11, 
2005. This will incorporate Rules 50, 52, 53, 68, 74.25, and 102 into 
the federally enforceable SIP and rescind Rules 55, 60, and 100 from 
the 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

[[Page 46092]]

significantly or uniquely affect small governments, as described in the 
Unfunded Mandates Reform Act of 1995 (Pub. L. 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. section 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. 
section 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 October 11, 2005. 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, Carbon monoxide, 
Incorporation by reference, Intergovernmental relations, Nitrogen 
oxides, Ozone, Particulate matter, Reporting and recordkeeping 
requirements, Sulfur dioxide.

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

    Dated: July 1, 2005.
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 paragraphs (c)(6)(xxiv)(B), 
(21)(xiii)(B), (177)(i)(A)(3), (332)(i)(B)(2) and (3), and (335)(i)(C) 
to read as follows:


Sec.  52.220  Identification of plan.

* * * * *
    (c) * * *
    (6) * * *
    (xxiv) * * *
    (B) Previously approved on September 22, 1972 in paragraph (c)(6) 
of this section and now deleted without replacement, Rule 100.
* * * * *
    (21) * * *
    (xiii) * * *
    (B) Previously approved on August 15, 1977 in paragraph 
(c)(21)(xiii)(A) of this section and now deleted without replacement, 
Rule 60.
* * * * *
    (177) * * *
    (i) * * *
    (A) * * *
    (3) Previously approved on August 6, 1990 in paragraph 
(c)(177)(i)(A) of this section and now deleted without replacement, 
Rule 55.
* * * * *
    (332) * * *
    (i) * * *
    (B) * * *
    (2) Rules 50, 52, and 53, adopted on July 2, 1968 and revised on 
April 13, 2004.
    (3) Rules 68 and 102, adopted on May 23, 1972 and revised on April 
13, 2004.
* * * * *
    (335) * * *
    (i) * * *
    (C) Ventura County Air Pollution Control District.
    (1) Rule 74.25, adopted on October 12, 2004.
* * * * *

[FR Doc. 05-15741 Filed 8-8-05; 8:45 am]
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