[Federal Register Volume 59, Number 20 (Monday, January 31, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-2094]


[[Page Unknown]]

[Federal Register: January 31, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 37-5-6045; FRL-4831-5]

 

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: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing to approve a revision to the California State 
Implementation Plan (SIP) adopted by the San Joaquin Valley Unified Air 
Pollution Control District (SJVUAPCD) on December 19, 1991. The 
California Air Resources Board submitted this revision to EPA on June 
19, 1992. The revision concerns SJVUAPCD Rule 460.6, Wood Products 
Coating Operations. This rule will control and reduce volatile organic 
compound (VOC) emissions from the application of coatings and surface 
preparation of wood products, including furniture, cabinets, and custom 
replica furniture. The intended effect of proposing approval of this 
rule is to regulate emissions of VOCs in accordance with the 
requirements of the Clean Air Act, as amended in 1990 (CAA or the Act). 
EPA's final action on this notice of proposed rulemaking (NPR) will 
incorporate this rule into the federally approved SIP. EPA has 
evaluated SJVUAPCD Rule 460.6 and is proposing to approve it 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.
DATES: Comments must be received on or before March 2, 1994.

ADDRESSES: Comments may be mailed to: Daniel A. Meer, Rulemaking 
Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection 
Agency, Region IX, 75 Hawthorne Street, San Francisco, CA 94105.
    A copy of the rule and EPA's evaluation report of the rule are 
available for public inspection at EPA's Region IXoffice during normal 
business hours. Copies of the submitted rule revision are also 
available for inspection at the following locations:
    California Air Resources Board, P.O. Box 2815, 2020 L Street, 
Sacramento, California 95814.
    San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Fresno, California 93721.

FOR FURTHER INFORMATION CONTACT: Chris Stamos, Rulemaking Section (A-5-
4), 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 March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in 1977 
(1977 CAA or pre-amended Act), that included the following eight air 
pollution control districts (APCDs) located in the San Joaquin Air 
Valley Basin: Fresno County APCD, Kern County APCD,1 Kings County 
APCD, Madera County APCD, Merced County APCD, San Joaquin County APCD, 
Stanislaus County APCD, and Tulare County APCD. 43 FR 8964, 40 CFR 
81.305. Because the eight counties of the San Joaquin Valley Air Basin 
were unable to meet the statutory attainment date of December 31, 1982, 
California requested under section 172(a)(2), and EPA approved, an 
extension of the attainment date to December 31, 1987.2 On May 26, 
1988, EPA notified the Governor of California, pursuant to section 
110(a)(2)(H) of the pre-amended Act, that the above districts' portion 
of the California SIP for the eight air pollution control districts of 
the San Joaquin Valley Air Basin was inadequate to attain and maintain 
the ozone standard and requested that deficiencies in the existing SIP 
be corrected (EPA's SIP-Call). On November 15, 1990, the Clean Air Act 
Amendments of 1990 were enacted. Public Law 101-549, 104 Stat. 2399, 
codified at 42 U.S.C. 7401-7671q. In amended section 182(a)(2)(A) of 
the CAA, Congress statutorily adopted the requirement that 
nonattainment areas fix their deficient reasonably available control 
technology (RACT) rules for ozone and established a deadline of May 15, 
1991 for states to submit corrections of those deficiencies.
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    \1\At that time, Kern County included portions of two air 
basins: the San Joaquin Valley Air Basin and Southeast Desert Air 
Basin. The San Joaquin Valley Air Basin portion of Kern County was 
designated as nonattainment, and the Southeast Desert Air Basin 
portion of Kern County was designated as unclassified. See 40 CFR 
81.305 (1990).
    \2\This extension was not requested for the following counties: 
Kern, Kings, Madera, Merced and Tulare. Thus, the attainment date 
for these counties remained December 31, 1982.
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    On March 20, 1991, the San Joaquin Valley Unified Air Pollution 
Control District was formed. The SJVUAPCD has authority over the San 
Joaquin Valley Air Basin, which includes all of the above eight 
counties except for the Southeast Desert portion of Kern County. Thus, 
Kern County Air Pollution Control District still exists, but only has 
authority over the southeast desert portion of Kern County.
    Section 182(a)(2)(A) applies to areas designated as nonattainment 
prior to enactment of the amendments and classified as marginal or 
above as of the date of enactment. It requires such areas to adopt and 
correct RACT rules pursuant to pre-amended section 172(b) as 
interpreted in pre-amended guidance.3 EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas. The San Joaquin Valley Air Basin is classified as 
serious;4 therefore, this area was subject to the RACT fix-up 
requirement and the May 15, 1991 deadline.
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    \3\Among other things, the pre-amended 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).
    \4\The San Joaquin Valley Air Basin was redesignated 
nonattainment and classified by operation of law pursuant to 
sections 107(d) and 181(a) upon the date of enactment of the CAA. 
See 55 FR 56694 (November 6, 1991).
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on June 19, 1992, including the rule being 
acted on in this document. This document addresses EPA's proposed 
action for SJVUAPCD Rule 460.6, Wood Products Coating Operations. 
SJVUAPCD Rule 460.6 was found to be complete on August 27, 1992 
pursuant to EPA's completeness criteria that are set forth in 40 CFR 
part 51, appendix V5 and is being proposed for approval into the 
SIP. In 56 FR 54554, dated October 22, 1991, EPA made a finding under 
section 179(a)(1) of the CAA that SJVUAPCD failed to submit a SIP 
element as required by section 182(a)(2)(A). As stated in the notice 
cited above, the finding of nonsubmittal triggered an 18-month sanction 
clock and a 2-year clock for promulgation of a Federal Implementation 
Plan (FIP). The State's complete submittal of Rule 460.6 satisfied the 
deficiency for which the finding of nonsubmittal was made and EPA's 
finding of completeness on August 27, 1992, stopped the sanctions 
clock. However, the FIP clock will not stop until EPA takes final 
action approving this rule.
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    \5\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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    SJVUAPCD Rule 460.6 will regulate the emission of VOCs from wood 
products coating operations. VOCs contribute to the production of 
ground level ozone and smog. Rule 460.6 was adopted as part of 
SJVUAPCD's effort to achieve the National Ambient Air Quality Standard 
(NAAQS) for ozone and in response to EPA's SIP-Call and the section 
182(a)(2)(A) CAA requirement. The following is EPA's evaluation and 
proposed action for this rule.

EPA Evaluation and Proposed Action

    In determining the approvability of a VOC 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, 
which forms the basis for today's action, appears in the various EPA 
policy guidance documents listed in footnote 3. Among those provisions 
is the requirement that a VOC rule must, at a minimum, provide for the 
implementation of RACT for stationary sources of VOC emissions. This 
requirement was carried forth from the pre-amended Act.
    For the purpose of assisting state and local agencies in developing 
RACT rules, EPA prepared a series of Control Technique Guideline (CTG) 
documents. The CTGs are based on the underlying requirements of the Act 
and specify the presumptive norms for what is RACT for specific source 
categories. Under the CAA, Congress ratified EPA's use of these 
documents, as well as other Agency policy, for requiring States to 
``fix-up'' their RACT rules. See section 182(a)(2)(A). For some source 
categories, such as wood products coating operations, EPA has not 
published a CTG.6 Further interpretations of EPA policy are found 
in the Blue Book, referred to in footnote 3. In general, these guidance 
documents have been set forth to ensure that VOC rules are fully 
enforceable and strengthen or maintain the SIP.
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    \6\As required by the Clean Air Act Amendments of 1990, EPA will 
prepare either a CTG or national rule for the wood furniture coating 
industry. It is anticipated that the CTG or national rule will be 
issued in 1994.
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    SJVUAPCD's submitted Rule 460.6, Wood Products Coating Operations, 
includes the following significant changes from the current SIP rule 
for Fresno County:7

    \7\Of the eight counties in the San Joaquin Valley Air Basin, 
only Fresno County had an approved wood products coating operation 
regulation in the SIP (Rule 409.7-Wood Furniture and Cabinet 
Coatings). For the remaining seven counties in the basin, SJVUAPCD 
Rule 460.6 is a new rule.
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    (1) Reduction of the regulation exemption level from 1000 gallons 
per year to 20 gallons per year;
    (2) Requirements to minimize the evaporative loss of solventsfrom 
cleanup and surface preparation activities;
    (3) Removal of equivalency options to meet the VOC emission 
reduction requirements of the rule;
    (4) Allowance of emission control equipment with an overall capture 
and control efficiency of 85%;
    (5) Recordkeeping requirements for VOC containing materials; and
    (6) Specification of test methods for use in compliance assessment.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
SJVUAPCD Rule 460.6 is being proposed for approval under section 
110(k)(3) of the CAA as meeting the requirements of section 110(a) and 
part D.
    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 (OMB) waivedTable 2 and Table 3 SIP revisions (54 
FR 2222) from therequirements 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.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements.


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

    Dated: January 20, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-2094 Filed 1-28-94; 8:45 am]
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