[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1059]


[[Page Unknown]]

[Federal Register: January 18, 1994]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA-14-5-5756; FRL-4822-3]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; San Joaquin Valley Unified Air 
Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
September 2, 1992. The revisions concern rules from the San Joaquin 
Valley Unified Air Pollution Control District (SJVUAPCD) which is 
comprised of the following eight air pollution control districts 
(APCDs): Fresno County APCD, Kern County APCD, Kings County APCD, 
Madera County APCD, Merced County APCD, San Joaquin County APCD, 
Stanislaus County APCD, and Tulare County APCD. 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) 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 vegetable oil processing and from can 
and coil coating operations. 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 February 17, 1994.

ADDRESSEES: Copies of the rule revisions and EPA's evaluation report 
for each rule 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 Section II (A-5-3), Air and Toxics Division, U.S. 
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San 
Francisco, CA 94105.
Jerry Kurtzweg ANR-443, Environmental Protection Agency, 401 ``M'' 
Street, SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
San Joaquin Valley Unified Air Pollution Control District, 1745 West 
Shaw, Suite 104, Fresno, CA 93711.

FOR FURTHER INFORMATION CONTACT: Chris Stamos, Rulemaking Section II 
(A-5-3), Air and Toxics Division, U.S. Environmental Protection Agency, 
Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Telephone: 
(415) 744-1187.

SUPPLEMENTARY INFORMATION:

Background

    On September 2, 1992 at 57 FR 40157, EPA proposed to approve the 
following rules into the California SIP: SJVUAPCD Rule 461.2, Vegetable 
Oil Processing Operations, and SJVUAPCD Rule 460.4, Can and Coil 
Coating Operations. Rule 461.2 was adopted by SJVUAPCD on April 11, 
1991; and Rule 460.4 was adopted by SJVUAPCD September 19, 1991. The 
rules were submitted by the California Air Resources Board (CARB) to 
EPA on May 30, 1991 and January 28, 1992 respectively. The 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 NPR cited above.
    EPA has evaluated the above rules for consistency with the 
requirements of the CAA and EPA regulations and EPA interpretation of 
these requirements as expressed in the various EPA policy guidance 
documents referenced in the NPR cited above. EPA has found that the 
rules meet the applicable EPA requirements. A detailed discussion of 
the rule provisions and evaluations has been provided at 57 FR 40157 
and in technical support documents (TSDs) available at EPA's Region IX 
office (TSDs for Rule 461.2 and 460.4 dated April 30, 1992 and March 
12, 1992 respectively).

Response to Comments

    A 30-day public comment period was provided at 57 FR 40157. EPA 
received no comments on rule 460.4. EPA received comments on rule 461.2 
from three sources: (1) The National Cottonseed Products Association 
(``NCPA''); (2) the J.G. Boswell Company (``Boswell''); and (3) the 
Institute of Shortening and Edible Oils, Inc (``Institute''). All three 
commented on SJVUAPCD's definition of volatile organic compounds 
(``VOCs'')--suggesting that the definition not include vegetable oil 
emissions. In addition, the NCPA and Institute also recommmended that 
SJVUAPCD rule 461.2 specify performance standards or emissions limits 
rather than specific equipment for RACT controls.
    The comments are discussed below.

1. Definition of VOC

    Summary of comments: Rule 461.2 defines VOC as ``any compound 
containing at least one atom of carbon except for the following exempt 
compounds.'' Vegetable oil is not listed as an exempt compound. The 
comments stated that the rule should exempt vegetable oil from the 
definition of VOC because of its low volatility and because the EPA has 
determined that vegetable oil should not be considered a VOC under EPA 
test methods.
    Responses: (1) Rule 461.2 does not specify RACT for controlling VOC 
emissions from vegetable oil; rather, the purpose of the rule is to 
establish RACT for controlling the VOC emissions from the processing 
operations which extract vegetable oil. Hexane extraction of vegetable 
oil is known to cause substantial emissions of VOCs, and these are the 
types of emissions that are controlled by Rule 461.2, not emissions 
from vegetable oil. The EPA policy memorandum dated April 1991 (``The 
Impact of Declaring Soybean Oil Exempt from VOC Regulations on the 
Coatings Program'') specifically addresses cooking processes which use 
vegetable oil. Besides, Rule 461.2 would not be considered defective 
even if it adopted a more stringent definition of VOC than EPA.
    (2) Specification of Control Equipment: The NCPA and Institute 
commented that Rule 461.2 was defective because the rule specifies 
control technology rather than a performance standard--the NCPA and the 
Institute argue that this approach will reduce flexibility and 
discourage innovation in identifying control equipment.
    Response: Rule 461.2 provides that emissions from the 
desolventizer-toaster or extractor be controlled either by use of a 
condenser and mineral oil scrubber with a 90% control efficiency, or 
with ``[a]n emission control device, with a combined capture and 
control efficiency of at least 90 percent by weight, confirmed by 
source testing.'' EPA interprets this provision of the rule as 
establishing a performance standard rather than as establishing a 
specific control technology in that alternatives to the condenser and 
the scrubber are allowed as long as capture and control efficiency 
performance standards are met.
    Although the second requirement of Rule 461.2 (which states that 
emissions from the desolventizer-toaster conveyor, cooler or tumbler, 
be controlled with a mineral oil scrubber that has a combined capture 
and control efficiency of at least 90 percent by weight) does designate 
a specific control technology, EPA has not placed regulatory 
restrictions on State and local agencies with respect to the range of 
acceptable measures and/or performance standards that must be specified 
in a RACT rule. EPA believes that the State should decide the degree of 
flexibility to provide to regulated industry in selecting acceptable 
control measures and/or performance standards.

EPA Action

    EPA is finalizing action to approve the above rules for inclusion 
into the California SIP. EPA is approving the submittal under section 
110(k)(3) as meeting the requirements of section 110(a) and part D of 
the CAA. This approval action will incorporate these rules into the 
federally approved SIP. The intended effect of approving these rules is 
to regulate emissions of VOCs in accordance with the requirements of 
the CAA.
    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.

Regulatory Process

    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 301 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, 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 regulatory flexibility analysis would constitute 
Federal inquiry into the economic reasonableness of state action. The 
CAA forbids EPA to base its actions concerning SIPs on such grounds. 
Union Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 
42 U.S.C. 7410(a)(2).
    This action has been classified as a Table 2 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of 
Management and Budget waived Table 2 and Table 3 SIP revisions (54 FR 
2222) from the requirements of Section 3 of Executive Order 12291 for a 
period of two years. EPA has submitted a request for a permanent waiver 
for Table 2 and Table 3 SIP revisions. OMB has agreed to continue the 
waiver until such time as it rules on EPA's request. This request 
continues in effect under Executive Order 12866 which superseded 
Executive Order 12291 on September 30, 1993.
    Under section 307(b)(1) of the Act, petitions for judicial review 
of this action must be filed in the United States Court of Appeals for 
the appropriate circuit by March 21, 1994. 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, Ozone, 
Hydrocarbons, Incorporation by reference, Intergovernmental relations, 
Reporting and recordkeeping requirements.

    Note: Incorporation by reference of the State Implementation 
Plan for the State of California was approved by the Director of the 
Federal Register on July 1, 1982.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: December 16, 1993.
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) 
(185)(i)(C)(5), and (187)(i)(A)(4) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (185) * * *
    (i) * * *
    (C) * * *
    (5) New Rule 461.2, adopted on April 11, 1991.
* * * * *
    (187) * * *
    (i) * * *
    (A) * * *
    (4) New Rule 460.4, adopted on September 19, 1991.
* * * * *
[FR Doc. 94-1059 Filed 1-14-94; 8:45 am]
BILLING CODE 6560-50-P