[Federal Register Volume 59, Number 66 (Wednesday, April 6, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8179]


[[Page Unknown]]

[Federal Register: April 6, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA-46-4-6192; FRL-4853-4]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision; Sacramento Metropolitan Air Quality 
Management District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Final rule.

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SUMMARY: EPA is finalizing the approval of revisions to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
October 4, 1993. The revisions concern a rule from the Sacramento 
Metropolitan Air Quality Management District (SMAQMD). This approval 
action will incorporate this rule into the federally approved SIP. The 
intended effect of approving this rule 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 
rule controls VOC emissions from aerospace assembly and coating 
operations. Thus, EPA is finalizing the approval of this revision 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 final rule is effective on May 6, 1994.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for 
the 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 (A-5-3), Air and Toxics 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 92123-1095.
    Sacramento Metropolitan Air Quality Management District,8411 
Jackson Road, Sacramento, California 95812.

FOR FURTHER INFORMATION CONTACT: Chris Stamos, Rulemaking Section (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 October 4, 1993 at 58 FR 51591, EPA proposed to approve SMAQMD 
Rule 456, Aerospace Assembly and Component Coating Operations, into the 
California SIP. Rule 456 was adopted by SMAQMD on February 23, 1993 and 
submitted by the California Air Resources Board (CARB) to EPA on April 
6, 1993. This rule was 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 the 
above rule and nonattainment area is provided in the proposed rule 
cited above.
    EPA has evaluated the above rule 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 proposed rule cited above. EPA has found 
that the rule meets the applicable EPA requirements. A detailed 
discussion of the rule provisions and evaluations has been provided at 
58 FR 51591 and in a technical support document (TSD) available at 
EPA's Region IX office (TSD for SMAQMD Rule 456 dated August 8, 1993).

Response to Public Comments

    A 30-day public comment period was provided at 58 FR 51591 and EPA 
received no comments on SMAQMD Rule 456.

EPA Action

    EPA is finalizing action to approve the above rule 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.1 This approval action will incorporate this rule into the 
federally approved SIP. The intended effect of approving this rule is 
to regulate emissions of VOCs in accordance with the requirements of 
the CAA.
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    \1\EPA is scheduled to publish a draft Control Techniques 
Guideline (CTG) for aerospace coating operations in July of 1994. 
When the CTG is published, EPA will be evaluating rules applicable 
to aerospace assembly and coating operations against the CTG 
requirements. States will be required to submit revised RACT rules 
in accordance with those requirements and the schedule included in 
the CTG.
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    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

    This action has been classified as a Table 3 action by the Regional 
Administrator under the procedures published in the Federal Register on 
January 19, 1989 (54 FR 2214-2225), as revised by an October 4, 1993, 
memorandum from Michael H. Shapiro, Acting Assistant Administrator for 
Air and Radiation. A future document will inform the general public of 
these tables. On January 6, 1989, the Office of Management and Budget 
(OMB) waived Table 2 and Table 3 SIP revisions (54 FR 222) from the 
requirements of section 3 of Executive Order 12291 for 2 years. The EPA 
has submitted a request for a permanent waiver for Table 2 and Table 3 
SIP revisions. The 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 June 6, 1994. Filing a petition for 
reconsideration by the Administrator of this final rule does not effect 
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.

    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.

    Dated: March 8, 1994.
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 paragraph (c) (192) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (192) New and amended regulations for the following APCDs were 
submitted on April 6, 1993 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Sacramento Air Quality Management District.
    (1) Rule 456, adopted on February 23, 1993.
* * * * *
[FR Doc. 94-8179 Filed 4-5-94; 8:45 am]
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