You are on page 1of 4

Federal Register / Vol. 67, No.

214 / Tuesday, November 5, 2002 / Rules and Regulations 67313

(2) To determine whether the first fee (i) The existence and magnitude of a of any record to which such person is
waiver requirement is met, FOI Offices commercial interest: Whether the not entitled under the FOIA.
will consider the following factors: requester has a commercial interest that [FR Doc. 02–28081 Filed 11–4–02; 8:45 am]
(i) The subject of the request: Whether would be furthered by the requested BILLING CODE 6560–50–P
the subject of the requested records disclosure. FOI Offices will consider
concerns ‘‘the operations or activities of any commercial interest of the requester
the government.’’ The subject of the (with reference to the definition of ENVIRONMENTAL PROTECTION
requested records must concern ‘‘commercial use request’’ in paragraph AGENCY
identifiable operations or activities of (b)(1) of this section), or of any person
the Federal government, with a on whose behalf the requester may be 40 CFR Part 52
connection that is direct and clear, not acting, that would be furthered by the [CA242–0373a; FRL–7395–8]
remote. requested disclosure. Requesters will be
(ii) The informative value of the given an opportunity in the Revisions to the California State
information to be disclosed: Whether administrative process to provide Implementation Plan, Imperial County
the disclosure is ‘‘likely to contribute’’ explanatory information regarding this Air Pollution Control District
to an understanding of government consideration.
AGENCY: Environmental Protection
operations or activities. The disclosable (ii) The primary interest in disclosure:
portions of the requested records must Agency (EPA).
Whether any identified commercial
be meaningfully informative about ACTION: Direct final rule.
interest of the requester is sufficiently
government operations or activities in large, in comparison with the public SUMMARY: EPA is taking direct final
order to be ‘‘likely to contribute’’ to an interest in disclosure, that disclosure is action to approve revisions to the
increased public understanding of those ‘‘primarily in the commercial interest of Imperial County Air Pollution Control
operations or activities. The disclosure the requester.’’ A fee waiver or District’s (ICAPCD) portion of the
of information that already is in the reduction is justified where the public California State Implementation Plan
public domain, in either a duplicative or interest standard is satisfied and that (SIP). These revisions concern volatile
a substantially identical form, would public interest is greater in magnitude organic compound (VOC) emissions
not be as likely to contribute to such than that of any identified commercial from Soil Decontamination Operations,
understanding when nothing new interest in disclosure. FOI Offices Organic Solvent Degreasing Operations,
would be added to the public’s ordinarily will presume that when a and Organic Solvents. We are approving
understanding. news media requester has satisfied the local rules that regulate these emission
(iii) The contribution to an public interest standard, the public sources under the Clean Air Act as
understanding of the subject by the interest will be the interest primarily amended in 1990 (CAA or the Act).
public is likely to result from disclosure: served by disclosure to that requester. DATES: This rule is effective on January
Whether disclosure of the requested Disclosure to data brokers or others who
information will contribute to ‘‘public 6, 2003 without further notice, unless
merely compile and market government EPA receives adverse comments by
understanding.’’ The disclosure must information for direct economic return
contribute to the understanding of a December 5, 2002. If we receive such
will not be presumed to primarily serve comment, we will publish a timely
reasonably broad audience of persons the public interest.
interested in the subject, as opposed to withdrawal in the Federal Register to
(4) When only some of the requested notify the public that this rule will not
the individual understanding of the records satisfy the requirements for a
requester. A requester’s expertise in the take effect.
waiver of fees, a waiver will be granted ADDRESSES: Mail comments to Andy
subject area and ability and intention to for only those records.
effectively convey information to the Steckel, Rulemaking Office Chief (AIR–
public will be considered. It will be (5) Requests for the waiver or 4), U.S. Environmental Protection
presumed that a representative of the reduction of fees must address the Agency, Region IX, 75 Hawthorne
news media will satisfy this factors listed in paragraphs (k) (l)–(3) of Street, San Francisco, CA 94105–3901.
consideration. this section, insofar as they apply to You can inspect copies of the
(iv) The significance of the each request. FOI Offices will exercise submitted SIP revisions and EPA’s
contribution to public understanding: their discretion to consider the cost- technical support documents (TSDs) at
Whether the disclosure is likely to effectiveness of their investment of our Region IX office during normal
contribute ‘‘significantly’’ to public administrative resources in deciding business hours. You may also see copies
understanding of government operations whether to grant waivers or reductions of the submitted SIP revisions at the
or activities. The public’s understanding of fees and will consult the appropriate following locations:
of the subject in question, as compared EPA offices as needed. Requests for the Air and Radiation Docket and
to the level of public understanding waiver or reduction of fees must be Information Center, U.S.
existing prior to the disclosure, must be submitted along with the request. Environmental Protection Agency,
enhanced by the disclosure to a (6) When a fee waiver request is Room B–102, 1301 Constitution
significant extent. FOI Offices will not denied, EPA will do no further work on Avenue, NW., (Mail Code 6102T),
make value judgments about whether the request until it receives an assurance Washington, DC 20460.
information that would contribute of payment or an appeal of the fee California Air Resources Board,
significantly to public understanding of waiver adverse determination is made Stationary Source Division, Rule
the operations or activities of the and a final appeal determination is Evaluation Section, 1001 ‘‘I’’ Street,
government is ‘‘important’’ enough to be made pursuant to § 2.104(j). Sacramento, CA 95814.
made public. Imperial County Air Pollution Control
§ 2.108 Other rights and services. District, 150 South 9th Street, El
(3) To determine whether the second
fee waiver requirement is met, FOI Nothing in this subpart shall be Centro, California 92243–2850
Offices will consider the following construed to entitle any person, as a A copy of the rules may also be
factors: right, to any service or to the disclosure available via the Internet at http://

VerDate 0ct<31>2002 14:50 Nov 04, 2002 Jkt 200001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1
67314 Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Rules and Regulations

www.arb.ca.gov/drdb/drdbltxt.htm. Table of Contents D. Public Comment and Final Action
Please be advised that this is not an EPA I. The State’s Submittal III. Background Information
website and may not contain the same A. What Rules Did the State Submit? Why Were These Rules Submitted?
version of the rule that was submitted B. Are There Other Versions of These IV. Administrative Requirements
to EPA. Rules? I. The State’s Submittal
C. What Is the Purpose of the Submitted
FOR FURTHER INFORMATION CONTACT: Rules and Rule Revisions? A. What Rules Did the State Submit?
Terry McCall, EPA Region IX, (415) II. EPA’s Evaluation and Action
A. How Is EPA Evaluating the Rules?
Table 1 lists the rules we are
947–3976.
B. Do the Rules Meet the Evaluation approving with the dates that they were
SUPPLEMENTARY INFORMATION: Criteria? adopted by the local air agencies and
Throughout this document, ‘‘we,’’ ‘‘us’’ C. EPA Recommendations To Further submitted by the California Air
and ‘‘our’’ refer to EPA. Improve the Rules Resources Board (CARB).

TABLE 1.—SUBMITTED RULES
Local agency Rule No. Rule title Adopted Submitted

ICAPCD .................................... 412 Soil Decontamination Operations ............................................. 01/16/01 10/30/01
ICAPCD .................................... 413 Organic Solvent Cleaning ......................................................... 01/16/01 10/30/01
ICAPCD .................................... 417 Organic Solvents ....................................................................... 9/14/99 05/26/00

On January 18, 2002, for Rules 412 Rule 417—Organic Solvents, applies Deficiencies,’’ EPA Region 9, August 21,
and 413, and on October 6, 2000 for to emissions or organic material from 2001 (the Little Bluebook).
Rule 417, these rule submittals were heated and unheated operations. Rule 4. Control of Volatile Organic
found to meet the completeness criteria 417 reduces emissions of ozone Emissions from Solvent Metal Cleaning.
in 40 CFR part 51, appendix V, which precursor compounds from operations EPA–450/2–77–022, November 1977.
must be met before formal EPA review. that are not currently regulated by other 5. Determination of Reasonably
District rules. The TSDs have more Available Control Technology and Best
B. Are There Other Versions of These information about Rules 412, 413 and Available Retrofit Control Technology
Rules? 417. for Organic Solvent Cleaning and
There are no previous versions of Degreasing Operations. California Air
II. EPA’s Evaluation and Action
Rules 412 and 413 SIP. The ICAPCD Resources Board Guidance Document.
adopted earlier versions of Rule 417 and A. How Is EPA Evaluating the Rules? July 18, 1991,
CARB submitted them to us on Generally, SIP rules must be
November 4, 1977 and October 15, 1979. B. Do the Rules Meet the Evaluation
enforceable (see section 110(a) of the Criteria?
We approved these versions of Rule 417 Act), must require Reasonably Available
into the SIP on August 8, 1978 and Control Technology (RACT) for major We believe these rules are consistent
January 1, 1981. The ICAPCD adopted sources in nonattainment areas (see with the relevant policy and guidance
revisions to the 1981 SIP-approved section 182(a)(2)(A)), and must not relax regarding enforceability, RACT, and SIP
version of Rule 417 on September 14, existing requirements (see sections relaxations. The TSD has more
1999 and CARB submitted them to us 110(l) and 193). EPA has classified information on our evaluation.
on May 26, 2000. While we can act on Imperial County a ‘‘transitional area’’ for C. EPA Recommendations To Further
only the most recently submitted attainment of the NAAQS for ozone Improve the Rules
version, we have reviewed materials (CAA section 185). Transitional areas
provided with previous submittals. are exempt from additional The TSD describes additional rule
nonattainment requirements in CAA revisions that do not affect EPA’s
C. What Is the Purpose of the Submitted current action but are recommended for
Rules and Rule Revisions? part D, subpart 2. The exemption will
continue until EPA redesignates the next time the local agency modifies
Rule 412—Soil Decontamination Imperial County as either attainment or the rules.
Operations, establishes standards to nonattainment under CAA section
reduce the emissions of VOC from soil D. Public Comment and Final Action
107(d)(4) (see 57 FR 113498, 13523–
that has been contaminated with organic 13527). The District is not exempt from As authorized in section 110(k)(3) of
materials, typically gasoline, jet fuel, or the general nonattainment requirements the Act, EPA is fully approving the
diesel fuel. The rule requires VOC in CAA part D, subpart 1. submitted rules because we believe they
emissions from contaminated soil Guidance and policy documents that fulfill all relevant requirements. We do
(greater than 50 ppm VOC) to be we used to help evaluate specific not think anyone will object to this
controlled when the soil is being enforceability and RACT requirements approval, so we are finalizing it without
excavated. consistently include the following: proposing it in advance. However, in
Rule 413—Organic Solvent 1. Portions of the proposed post-1987 the Proposed Rules section of this
Degreasing Operations, applies to the ozone and carbon monoxide policy that Federal Register, we are simultaneously
operation of equipment using organic concern RACT, 52 FR 45044, November proposing approval of the same
solvent in degreasing operations. The 24, 1987. submitted rules. If we receive adverse
rule reduces emissions of reactive 2. ‘‘Issues Relating to VOC Regulation comments by December 5, 2002, we will
organic compounds (ROC) by Cutpoints, Deficiencies, and publish a timely withdrawal in the
establishing equipment standards and Deviations,’’ EPA, May 25, 1988 (the Federal Register to notify the public
work practice procedures for cold Bluebook). that the direct final approval will not
cleaners and open top and conveyorized 3. ‘‘Guidance Document for Correcting take effect and we will address the
vapor degreasers. Common VOC & Other Rule comments in a subsequent final action

VerDate 0ct<31>2002 14:50 Nov 04, 2002 Jkt 200001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1
Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Rules and Regulations 67315

based on the proposal. If we do not remainder of the rule, EPA may adopt health and the environment. Section
receive timely adverse comments, the as final those provisions of the rule that 110(a) of the CAA requires states to
direct final approval will be effective are not the subject of an adverse submit regulations that control VOC
without further notice on January 6, comment. emissions. Table 2 lists some of the
2003. This will incorporate these rules national milestones leading to the
into the federally enforceable SIP. III. Background Information
submittal of these local agency VOC
Please note that if EPA receives Why Were These Rules Submitted? rules.
adverse comment on an amendment,
paragraph, or section of this rule and if VOCs help produce ground-level
that provision may be severed from the ozone and smog, which harm human

TABLE 2.—OZONE NONATTAINMENT MILESTONES
Date Event

March 3, 1978 .......................................................................... EPA promulgated a list of ozone nonattainment areas under the Clean Air Act as
amended in 1977. 43 FR 8964; 40 CFR 81.305.
May 26, 1988 ........................................................................... EPA notified Governors that parts of their SIPs were inadequate to attain and
maintain the ozone standard and requested that they correct the deficiencies
(EPA’s SIP–Call). See section 110(a)(2)(H) of the pre-amended Act.
November 15, 1990 .................................................................. Clean Air Act Amendments of 1990 were enacted. Pub. L. 101–549, 104 Stat.
2399, codified at 42 U.S.C. 7401–7671q.
May 15, 1991 ........................................................................... Section 182(a)(2)(A) requires that ozone nonattainment areas correct deficient
RACT rules by this date.

IV. Administrative Requirements on the relationship between the national Fairness Act of 1996, generally provides
Under Executive Order 12866 (58 FR government and the States, or on the that before a rule may take effect, the
51735, October 4, 1993), this action is distribution of power and agency promulgating the rule must
not a ‘‘significant regulatory action’’ and responsibilities among the various submit a rule report, which includes a
therefore is not subject to review by the levels of government, as specified in copy of the rule, to each House of the
Office of Management and Budget. For Executive Order 13132 (64 FR 43255, Congress and to the Comptroller General
this reason, this action is also not August 10, 1999). This action merely of the United States. EPA will submit a
subject to Executive Order 13211, approves a state rule implementing a report containing this rule and other
‘‘Actions Concerning Regulations That Federal standard, and does not alter the required information to the U.S. Senate,
Significantly Affect Energy Supply, relationship or the distribution of power the U.S. House of Representatives, and
Distribution, or Use’’ (66 FR 28355, May and responsibilities established in the the Comptroller General of the United
22, 2001). This action merely approves Clean Air Act. This rule also is not States prior to publication of the rule in
state law as meeting federal subject to Executive Order 13045,
the Federal Register. A major rule
requirements and imposes no additional ‘‘Protection of Children from
cannot take effect until 60 days after it
requirements beyond those imposed by Environmental Health Risks and Safety
Risks’’ (62 FR 19885, April 23, 1997), is published in the Federal Register.
state law. Accordingly, the This action is not a ‘‘major rule’’ as
Administrator certifies that this rule because it is not economically
significant. defined by 5 U.S.C. 804(2).
will not have a significant economic
impact on a substantial number of small In reviewing SIP submissions, EPA’s Under section 307(b)(1) of the Clean
entities under the Regulatory Flexibility role is to approve state choices, Air Act, petitions for judicial review of
Act (5 U.S.C. 601 et seq.). Because this provided that they meet the criteria of this action must be filed in the United
rule approves pre-existing requirements the Clean Air Act. In this context, in the States Court of Appeals for the
under state law and does not impose absence of a prior existing requirement appropriate circuit by January 6, 2003.
any additional enforceable duty beyond for the State to use voluntary consensus Filing a petition for reconsideration by
that required by state law, it does not standards (VCS), EPA has no authority the Administrator of this final rule does
contain any unfunded mandate or to disapprove a SIP submission for not affect the finality of this rule for the
significantly or uniquely affect small failure to use VCS. It would thus be purposes of judicial review nor does it
governments, as described in the inconsistent with applicable law for extend the time within which a petition
Unfunded Mandates Reform Act of 1995 EPA, when it reviews a SIP submission, for judicial review may be filed, and
(Public Law 104–4). to use VCS in place of a SIP submission shall not postpone the effectiveness of
This rule also does not have tribal that otherwise satisfies the provisions of such rule or action. This action may not
implications because it will not have a the Clean Air Act. Thus, the be challenged later in proceedings to
substantial direct effect on one or more requirements of section 12(d) of the enforce its requirements. (See section
Indian tribes, on the relationship National Technology Transfer and 307(b)(2).)
between the Federal Government and Advancement Act of 1995 (15 U.S.C.
Indian tribes, or on the distribution of 272 note) do not apply. This rule does List of Subjects in 40 CFR Part 52
power and responsibilities between the not impose an information collection
burden under the provisions of the Environmental protection, Air
Federal Government and Indian tribes,
Paperwork Reduction Act of 1995 (44 pollution control, Incorporation by
as specified by Executive Order 13175
U.S.C. 3501 et seq.). reference, Intergovernmental relations,
(65 FR 67249, November 9, 2000). This
action also does not have Federalism The Congressional Review Act, 5 Ozone, Reporting and recordkeeping
implications because it does not have U.S.C. 801 et seq., as added by the Small requirements, Volatile organic
substantial direct effects on the States, Business Regulatory Enforcement compounds.

VerDate 0ct<31>2002 14:50 Nov 04, 2002 Jkt 200001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1
67316 Federal Register / Vol. 67, No. 214 / Tuesday, November 5, 2002 / Rules and Regulations

Dated: September 30, 2002. ADDRESSES: Comments may be mailed to declaration, in lieu of a plan. The
Keith Takata, Joydeb Majumder, EPA Region 4, Air negative declaration exempts the state
Acting Regional Administrator, Region IX. Toxics and Monitoring Branch, Sam from the requirements of subpart B for
Part 52, Chapter I, Title 40 of the Code Nunn Atlanta Federal Center, 61 that designated pollutant. Please note
of Federal Regulations is amended as Forsyth Street, SW., Atlanta, Georgia that if EPA receives adverse comment
follows: 30303–8960. on an amendment, paragraph, or section
Copies of documents relative to this of this rule and if that provision may be
PART 52—[AMENDED] action are available for public severed from the remainder of the rule,
inspectioin during normal business EPA may adopt as final those provisions
1. The authority citation for part 52 hours at the above-listed Region 4 of the rule that are not the subject of an
continues to read as follows: location. The interested person wanting adverse comment.
Authority: 42 U.S.C. 7401 et seq. to examine this document should make Final Action
an appointment with the office at least
Subpart F—California 24 hours in advance. The State of Mississippi has
FOR FURTHER INFORMATION CONTACT:
determined there is no existing source
2. Section 52.220 is amended by in the state of Mississippi subject to the
adding paragraphs (c)(279)(i)(A)(8) and Joydeb Majumder at (404) 562–9121 or
small MWC units emission guidelines.
(288)(i)(D) to read as follows: Michele Notarianni at (404) 562–9031.
Consequently, the state of Mississippi
SUPPLEMENTARY INFORMATION: Section has submitted a letter of negative
§ 52.220 Identification of plan. 111(d) of the CAA requires states to
* * * * * declaration certifying this fact. We are
submit plans to control certain taking final action to approve this
(c) * * * pollutants (designated pollutants) at
(279) * * * negative declaration.
existing facilities (designated facilities) The EPA is publishing this rule
(i) * * * whenever standards of performance
(A) * * * without prior proposal because the
(8) Rule 417 adopted on September have been established under section Agency views this as a noncontroversial
14, 1999. 111(d) for new sources of the same type, submittal and anticipates no adverse
and EPA has established emissions comments. However, in the proposed
* * * * * guidelines for such existing sources. A
(288) * * * rules section of this Federal Register
(i) * * * designated pollutant is any pollutant for publication, EPA is publishing a
(D) Imperial County Air Pollution which no air quality criteria have been separate document that will serve as the
Control District. issued, and which is not included on a proposal to approve the SIP revision
(1) Rules 412 and 413 adopted on list published under section 108(a) or should adverse comments be filed. This
January 16, 2001. section 112(b)(1)(A) of the CAA, but rule will be effective January 6, 2003
* * * * * emissions of which are subject to a without further notice unless the
standard of performance for new Agency receives adverse comments by
[FR Doc. 02–28077 Filed 11–4–02; 8:45 am] stationary sources. December 5, 2002.
BILLING CODE 6560–50–P The emissions guidelines for small If the EPA receives such comments,
MWC units were originally promulgated then EPA will publish a document
in December 1995 but were vacated by withdrawing the final rule and
ENVIRONMENTAL PROTECTION the U.S. Court of Appeals for the District informing the public that the rule will
AGENCY of Columbia Circuit in March 1997. In not take effect. All public comments
response to the 1997 vacature, on received will then be addressed in a
40 CFR Part 62
August 30, 1999, EPA proposed to subsequent final rule based on the
[MS–200301(a); FRL–7404–2] reestablish emission guidelines for proposed rule. The EPA will not
small MWC units. On December 6, 2000 institute a second comment period.
Approval and Promulgation of State (65 FR 76378), EPA finalized the section Parties interested in commenting should
Plan for Designated Facilities and 111(d) emission guidelines for existing do so at this time. If no such comments
Pollutants; State of Mississippi small MWC units. The emission are received, the public is advised that
AGENCY: Environmental Protection guidelines contained in this final rule this rule will be effective on January 6,
Agency (EPA). are equivalent to the 1995 emission 2003 and no further action will be taken
ACTION: Direct final rule. guidelines for small MWC units. The on the proposed rule.
emission guidelines are codified at 40
SUMMARY: EPA is approving the small CFR part 60, subpart BBBB. Administrative Requirements
Municipal Waste Combustion (MWC) Subpart B of 40 CFR part 60 Under Executive Order 12866 (58 FR
units section 111(d) negative declaration establishes procedures to be followed 51735, October 4, 1993), this action is
submitted by the State of Mississippi. and requirements to be met in the not a ‘‘significant regulatory action’’ and
This negative declaration certifies that development and submission of state therefore is not subject to review by the
small MWC units subject to the plans for controlling designated Office of Management and Budget. For
requirements of section 111(d) and 129 pollutants. Part 62 of the CFR provides this reason, this action is also not
of the Clean Air Act (CAA) do not exist the procedural framework for the subject to Executive Order 13211,
in Mississippi. submission of these plans. When ‘‘Actions Concerning Regulations That
DATE: This direct final rule will be designated facilities are located in a Significantly Affect Energy Supply,
effective January 6, 2003 unless EPA state, a state must develop and submit Distribution, or Use’’ (66 FR 28355, May
receives adverse comments by a plan for the control of designated 22, 2001). This action merely approves
December 5, 2002. If adverse comments pollutant. However, 40 CFR 62.06 state law as meeting Federal
are received, EPA will publish a timely provides that if there are no existing requirements and imposes no additional
withdrawal of the direct final rule in the sources of the designated pollutants in requirements beyond those imposed by
Federal Register informing the public the state, the state may submit a letter state law. Accordingly, the
that the rule will not take effect. of certification to that effect, or negative Administrator certifies that this rule

VerDate 0ct<31>2002 14:50 Nov 04, 2002 Jkt 200001 PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 E:\FR\FM\05NOR1.SGM 05NOR1