[Federal Register Volume 62, Number 179 (Tuesday, September 16, 1997)]
[Rules and Regulations]
[Pages 48480-48483]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-24419]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 185-0047a FRL-5888-8]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Northern Sierra 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. The revisions concern rules for 
Northern Sierra Air Quality Management District (NSAQMD or District). 
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), oxides of 
nitrogen (NO<INF>X</INF>) and other pollutants in accordance with the 
requirements of the Clean Air Act, as amended in 1990 (CAA of the Act). 
These revisions consist of administrative and minor changes to a wide 
range of rules that have been previously incorporated into the 
federally approved SIP. Thus, EPA is finalizing the approval of these 
revisions 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.

EFFECTIVE DATE: This action is effective on November 17, 1997 unless 
adverse or critical comments are received by October 16, 1997. If the 
effective date is delayed, a timely notice will be published in the 
Federal Register.

ADDRESSES: Comments must be submitted to Cynthia G. Allen at the Region 
IX office listed below. Copies of the rule revisions are available for 
public inspection at EPA's Region IX office during normal business 
hours. Copies of the submitted rule revisions 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, 
SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Northern Sierra Air Quality Management District, 540 Searls Avenue, 
Nevada City, CA 95959.

FOR FURTHER INFORMATION CONTACT: Cynthia G. Allen, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105, Telephone: (415) 744-
1189.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rules being approved into the California SIP include: NSAQMD 
Rule 101, Title; Rule 102, Definitions; Rule 202, Visible Emissions; 
Rule 203, Exceptions to Rule 202; Rule 204, Wet Plumes Rule 206, 
Incinerator Burning; Rule 207, Particulate Matter; Rule 208, Orchard or 
Citrus Heaters; Rule 209, Fossil Fuel Steam Generator Facility; Rule 
210, Specific Contaminants; Rule 212, Process Weight Table; Rule 213, 
Storage of Gasoline Products; Rule 221, Reduction of Animal Matter; 
Rule 222, Abrasive Blasting; Rule 225, Compliance; Rule 300, General 
Definitions; Rule 301, Compliance; Rule 313, Burn Day; Rule 314, 
Minimum Drying Times; Rule 315, Burning Management Requirements; and 
Rule 317, Mechanized Burners Requirements. These rules were submitted 
by the California Air Resources Board to EPA on October 28, 1996.

I. 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 listed Nevada, Plumas and Sierra 
Counties as ``unclassifiable/attainment''. 43 FR 8964, 40 CFR 81.305. 
In response to section 110(a) of the Act and other requirements, the 
Nevada, Plumas and Sierra Air Pollution Control Districts (APCDs) 
submitted many rules which EPA approved into the SIP. On September 11, 
1991, California consolidated the Nevada, Plumas, and

[[Page 48481]]

Sierra County APCDs within the NSAQMD. Also on September 11, 1991, June 
10, 1992, May 11, 1994, and August 14, 1996, the NSAQMD adopted many 
rules that reformatted and consolidated rules from the three subsumed 
air districts. These revised rules consolidate the District rules into 
a single set of regulations applicable throughout the NSAQMD.
    This document addresses EPA's direct-final action for the following 
NSAQMD rules: Rule 101, Title; Rule 102, Definitions; Rule 202, Visible 
Emissions; Rule 203, Exceptions to Rule 202; Rule 204, Wet Plumes; Rule 
206, Incinerator Burning; Rule 207, Particulate Matter; Rule 208, 
Orchard or Citrus Heaters; Rule 209, Fossil Fuel Steam Generator 
Facility; Rule 212, Process Weight Table; Rule 213, Storage of 
Gasoline; Rule 221, Reduction of Animal Matter; Rule 222, Abrasive 
Blasting; Rule 223, Enforcement; Rule 225, Compliance; Rule 300, 
General Definitions; Rule 301, Compliance; Rule 313, Burn Day; Rule 
314, Minimum Drying Times; Rule 315, Burning Management Requirements; 
Rule 316, Burn Plan Preparation; and Rule 317, Mechanized Burners 
Requirements.
    These rules were adopted by NSAQMD on September 11, 1991 and May 
11, 1994 and submitted by the State of California for incorporation 
into its SIP on October 28, 1996. These rules were found to be complete 
on December 19, 1996, pursuant to EPA's completeness criteria that are 
set forth in 40 CFR part 51, Appendix V <SUP>1</SUP> and are being 
finalized for approval into the SIP. These rules and their predecessors 
were originally adopted as part of NSAQMD's efforts to achieve the 
National Ambient Air Quality Standards (NAAQS) for ozone and in 
response to EPA's SIP-Call and the section 182(a)(2)(A) CAA 
requirement.
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    \1\ 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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    The following is EPA's evaluation and final action for these rules.

II. EPA Evaluation and Action

    In determining the approvability of a 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 
appears in various EPA policy guidance documents.<SUP>2</SUP>
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    \2\ 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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    EPA previously reviewed many rules from the Nevada, Plumas and 
Sierra County Air Pollution Control Districts and incorporated them 
into the federally approved SIP pursuant to section 110(k)(3) of the 
CAA. Those rules that are being superseded and/or deleted <SUP>3</SUP> 
by today's action are as follows:
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    \3\ Listed rules are superseded unless designated as deleted.
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Nevada County Air Pollution Control District

<bullet> Rule 101, Title (submitted 4/10/75)
<bullet> Rule 102, Definitions (submitted 4/10/75, 6/6/77)
<bullet> Rule 103, Enforcement (submitted 6/6/77)
<bullet> Rule 104, No Title (submitted 6/6/77)
<bullet> Rule 202, Visible Emissions (submitted 4/10/75)
<bullet> Rule 203, Exceptions (submitted 4/10/75, 6/6/77, 2/21/72)
<bullet> Rule 204, Wet Plumes (submitted 4/10/75, 2/21/72)
<bullet> Rule 206, Incinerator Burning (submitted 4/10/75, 6/6/77)
<bullet> Rule 207, Particulate Matter (submitted 10/15/79)
<bullet> Rule 208, Orchard or Citrus Heaters (submitted 4/10/75)
<bullet> Rule 209, Fossil Fuel-Steam Separator Facility (submitted 4/
10/75)
<bullet> Rule 210, Specific Contaminant (submitted 10/15/79)
<bullet> Rule 214, Reduction of Animal Matter (submitted 4/10/75)
<bullet> Rule 216, Abrasive Blasting (submitted 6/6/77)
<bullet> Rule 218, Compliance Tests (submitted 10/15/79)
<bullet> Rule 305, Permit Validity (submitted 4/10/75)
<bullet> Rule 306, No-Burn Days (submitted 10/15/79)
<bullet> Rule 308, Burning Reports (submitted 4/10/75)
<bullet> Rule 309, Amount Burned Daily (submitted 4/10/75)
<bullet> Rule 310, Approved Ignition Devices (submitted 4/10/75)
<bullet> Rule 311, Restricted Burning Days (submitted 4/10/75)
<bullet> Rule 312, Wind Direction (submitted 4/10/75)
<bullet> Rule 313, Minimum Drying Times (submitted 4/10/75)
<bullet> Rule 315, Preparation of Material to be Burned (submitted 4/
10/75)
<bullet> Rule 405, Separation of Emissions (submitted 4/10/75)
<bullet> Rule 406, Combination of Emissions (submitted 4/10/75)
<bullet> Rule 407, Circumvention (submitted 6/6/77)
<bullet> Rule 408, Source Recordkeeping and Reporting (submitted 4/10/
75)
<bullet> Rule 409, Public Records (submitted 6/6/77)
<bullet> Rule 507, Provision of Sampling and Testing Facilities 
(submitted 6/6/77)

Plumas County Air Pollution Control District

<bullet> Rule 101, Title (submitted 1/10/75)
<bullet> Rule 102, Definitions (submitted 1/10/75, 6/6/77)
<bullet> Rule 202, Visible Emissions (submitted 1/10/75)
<bullet> Rule 203, Exceptions (submitted 6/22/81)
<bullet> Rule 204, Wet Plumes (submitted 1/10/75)
<bullet> Rule 206, Incinerator Burning (submitted 1/10/75, 6/6/77)
<bullet> Rule 207, Particulate Matter (submitted 6/6/77)
<bullet> Rule 208, Orchard or Citrus Heaters (submitted 6/6/77)
<bullet> Rule 209, Fossil Fuel-Steam Generator Facility (1/10/75)
<bullet> Rule 214, Reduction of Animal Matter (submitted 1/10/75)
<bullet> Rule 215, Abrasive Blasting (submitted 6/6/77)
<bullet> Rule 216, Enforcement (submitted 6/6/77)
<bullet> Rule 216-50, Visible Emissions (submitted 1/10/75)
<bullet> Rule 216-51, Exceptions to Rule 50 (submitted 1/10/75)
<bullet> Rule 304, Range Improvement Burning (submitted 6/22/81)
<bullet> Rule 305, Forest Management Burning (submitted 6/22/81)
<bullet> Rule 311, Recreational Activity (submitted 6/22/81)
<bullet> Rule 313, No Burn Day (submitted 6/22/81)
<bullet> Rule 314, Burning Permits (submitted 6/22/81)
<bullet> Rule 315, Minimum Drying Times (submitted 6/22/81)
<bullet> Rule 316, Burning Management (submitted 6/22/81)
<bullet> Rule 318, Enforcement Responsibility (submitted 6/22/81)
<bullet> Rule 319, Penalty (submitted 6/22/81)
<bullet> Rule 405, Separation of Emissions (submitted 1/10/75)
<bullet> Rule 406, Combination of Emissions (submitted 1/10/75)
<bullet> Rule 510, Separation of Emissions (submitted 6/22/81)
<bullet> Rule 511, Combination of Emissions (submitted 6/22/81)
<bullet> Rule 512, Circumvention (submitted 6/22/81)
<bullet> Rule 513, Source Recordkeeping (submitted 6/22/81)

[[Page 48482]]

<bullet> Rule 514, Public Records and Trade Secrets (submitted 6/22/81)
<bullet> Rule 515, Provision of Sampling and Testing Facilities 
(submitted 6/22/81)

Sierra County Air Pollution Control District

<bullet> Rule 101, Title (submitted 1/10/75)
<bullet> Rule 102, Definitions (submitted 1/10/75, 6/6/77)
<bullet> Rule 202, Visible Emissions (submitted 1/10/75)
<bullet> Rule 203, Exceptions (submitted 6/22/81)
<bullet> Rule 204, Wet Plumes (submitted 1/10/75)
<bullet> Rule 206, Incinerator Burning (submitted 1/10/75)
<bullet> Rule 207, Particulate Matter (submitted 5/23/79)
<bullet> Rule 208, Orchard or Citrus Heaters (submitted 6/6/77)
<bullet> Rule 209, Fossil Fuel Steam Generator Facility (submitted 1/
10/75)
<bullet> Rule 210, Specific Contaminants (submitted 5/23/79)
<bullet> Rule 211, Process Weight Per Hour (submitted 5/23/79)
<bullet> Rule 212, Process Weight Table (submitted 1/10/75)
<bullet> Rule 213, Storage of Petroleum Products (submitted 1/10/75)
<bullet> Rule 214, Reduction of Animal Matter (submitted 1/10/75)
<bullet> Rule 215, Abrasive Blasting (submitted 6/6/77)
<bullet> Rule 216, Enforcement (submitted 6/6/77)
<bullet> Rule 218, Compliance Tests (submitted 5/23/79)
<bullet> Rule 303, Agricultural Burning (submitted 6/22/81)
<bullet> Rule 304, Range Improvement Burning (submitted 6/22/81)
<bullet> Rule 305, Forest Management Burning (submitted 6/22/81)
<bullet> Rule 311, Recreational Activity (submitted 6/22/81)
<bullet> Rule 313, No Burn Day (submitted 6/22/81)
<bullet> Rule 314, Burning Permits (submitted 6/22/81)
<bullet> Rule 315, Minimum Drying Times (submitted 6/22/81)
<bullet> Rule 316, Burning Management (submitted 6/22/81)
<bullet> Rule 318, Enforcement Responsibility (submitted 6/22/81)
<bullet> Rule 319, Penalty (submitted 6/22/81)
<bullet> Rule 405, Separation of Emissions (submitted 1/10/75)
<bullet> Rule 406, Combination of Emissions (submitted 1/10/75)
<bullet> Rule 510, Separation of Emissions (submitted 6/22/81)
<bullet> Rule 511, Combination of Emissions (submitted 6/22/81)
<bullet> Rule 512, Circumvention (submitted 6/22/81)
<bullet> Rule 513, Source Recordkeeping (submitted 6/22/81)
<bullet> Rule 514, Public Records and Trade Secrets (submitted 6/22/81)
<bullet> Rule 515, Provision of Sampling and Testing Facilities 
(submitted 6/22/81)

    EPA has evaluated the consolidated NSAQMD rules submitted in 
October 1996 and compared them to the rules currently incorporated in 
the SIP. In all cases the rules have been reformatted and changed 
editorially. In some cases there have also been minor substantive 
improvements. For example, where the three subsumed air districts had 
slightly different requirements for similar sources, the consolidated 
rule now applies to the most stringent of the requirements to the 
entire area. In no case does this action represent a relaxation of any 
requirement.
    The NSAQMD rules being approved by this action to revise the SIP 
include:

<bullet> Rule 101, Title
<bullet> Rule 102, Definitions
<bullet> Rule 202, Visible Emissions
<bullet> Rule 203, Exceptions to Rule 202
<bullet> Rule 204, Wet Plumes
<bullet> Rule 206, Incinerator Burning
<bullet> Rule 207, Particulate Matter
<bullet> Rule 208, Orchard or Citrus Heaters
<bullet> Rule 209, Fossil Fuel Steam Generator Facility
<bullet> Rule 210, Specific Contaminants
<bullet> Rule 212, Process Weight Table
<bullet> Rule 213, Storage of Gasoline Products
<bullet> Rule 221, Reduction of Animal Matter
<bullet> Rule 222, Abrasive Blasting
<bullet> Rule 225, Compliance
<bullet> Rule 300, General Definitions
<bullet> Rule 301, Compliance
<bullet> Rule 313, Burn Day
<bullet> Rule 314, Minimum Drying Times
<bullet> Rule 315, Burning Management Requirements
<bullet> Rule 316, Burn Plan Preparation
<bullet> Rule 317, Mechanized Burners Requirements

    Other NSAQMD rules submitted with these rules on October 28, 1996, 
will be acted on separately because they involve technical issues and 
require more detailed review.
    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 document without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective November 17, 1997, unless, by October 16, 1997, adverse or 
critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent document that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective November 17, 1997.

III. 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 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).

[[Page 48483]]

C. Unfunded Mandates Reform Act

    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 the rule in today's 
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 November 17, 1997. 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.

    Dated: August 22, 1997.
John Wise,
Acting 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) (26)(ix)(B) 
and (26)(xvi)(E), (27)(vii)(C), (39)(viii)(D), (39)(ix)(C), (39)(x)(C), 
and (246) to read as follows:


Sec. 52.220   Identification of plan.

* * * * *
    (c) * * *
    (26) * * *
    (ix) * * *
    (B) Previously approved and now deleted, Rule 102.
* * * * *
    (xvi) * * *
    (E) Previously approved and now deleted, Rule 102.
* * * * *
    (27) * * *
    (vii) * * *
    (C) Previously approved and now deleted, Rule 102.
* * * * *
    (39) * * *
    (viii)* * *
    (D) Previously approved and now deleted, Rule 102.
    (ix) * * *
    (C) Previously approved and now deleted, Rule 102.
    (x) * * *
    (C) Previously approved and now deleted, Rule 102.
* * * * *
    (246) New and amended regulations for the following APCDs were 
submitted on October 28, 1996, by the Governor's designee.
    (i) Incorporation by reference.
    (A) Northern Sierra Air Quality Management District.
    (1) Rules 101, 202, 203, 204, 206, 207, 208, 209, 210, 221, 222, 
223, 225, 300, 301, 314, 315, and 317, adopted on September 11, 1991, 
Rule 102 adopted on May 11, 1994, Rule 313 adopted on June 10, 1992, 
and Rule 316 adopted on August 14, 1996.

[FR Doc. 97-24419 Filed 9-15-97; 8:45 am]
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