[Federal Register Volume 59, Number 72 (Thursday, April 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-8963]
[[Page Unknown]]
[Federal Register: April 14, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 57-9-6292; FRL-4858-9]
Approval and Promulgation of Implementation Plans California
State Implementation Plan Revision
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing limited approvals and limited disapprovals
of revisions to the California State Implementation Plan (SIP) proposed
in the Federal Register on September 29, 1993. This final action will
incorporate these rules into the federally approved SIP. The intended
effect of finalizing this action 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 metal container, closure, and coil coating,
from wood products coating, and from graphic arts operations. EPA is
finalizing a simultaneous limited approval and limited disapproval
under CAA provisions regarding EPA action on SIP submittals and general
rulemaking authority because these revisions, while strengthening the
SIP, also do not fully meet the requirements for non-attainment areas.
As a result of this limited disapproval EPA will be required to impose
highway funding or emission offset sanctions under the CAA unless the
State submits and EPA approves corrections to the identified
deficiencies within 18 months of the effective date of this
disapproval. Moreover, EPA will be required to promulgate a Federal
implementation plan (FIP) unless the deficiencies are corrected within
24 months of the effective date of this disapproval.
EFFECTIVE DATE: This final rule is effective on May 16, 1994.
ADDRESSES: Copies of the rule revisions and EPA's evaluation report for
each rule are available for public inspection at EPA's Region 9 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 95812.
South Coast Air Quality Management District, 21865 East Copley
Drive, Diamond Bar, CA 91765-4182.
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 September 29, 1993 at 58 FR 50884, EPA proposed granting limited
approval and limited disapproval of the following SCAQMD rules into the
California SIP: Rule 1125, Metal Container, Closure, and Coil Coating
Operations; Rule 1136, Wood Products Coatings; and Rule 1130, Graphic
Arts. Rule 1125 and Rule 1136 were adopted by SCAQMD on August 2, 1991
and submitted by the California Air Resources Board (CARB) to EPA on
May 13, 1993. Rule 1130 was adopted by SCAQMD on March 6, 1992 and
submitted by CARB on September 14, 1992. These 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 notice of proposed rulemaking
(NPR) cited above.
EPA has evaluated all of the above rules for consistency with the
requirements of the CAA and EPA regulations and EPA's interpretation of
these requirements as expressed in the various EPA policy guidance
documents referenced in the NPR. EPA is finalizing the limited approval
of these rules in order to strengthen the SIP and finalizing the
limited disapproval requiring the correction of the remaining
deficiencies. These deficiencies are related to recordkeeping
requirements, test method references, Executive Officer discretion,
control device equivalency, VOC limits, and rule applicability. A
detailed discussion of the rule provisions and evaluations has been
provided in the NPR and in technical support documents (TSDs) available
at EPA's Region IX office (TSDs for SCAQMD's Rule 1125, Rule 1136, and
Rule 1130 dated April 30, 1993 and July 21, 1993).
Response to Public Comments
A 30-day public comment period was provided at 58 FR 50884. EPA
received no comment letters on the NPR.
EPA Action
EPA is finalizing a limited approval and a limited disapproval of
the above-referenced rules. The limited approval of these rules is
being finalized under section 110(k)(3) in light of EPA's authority
pursuant to section 301(a) to adopt regulations necessary to further
air quality by strengthening the SIP. The approval is limited in the
sense that the rules strengthen the SIP. However, the rules do not meet
the section 182(a)(2)(A) CAA requirement because of the rule
deficiencies which were discussed in the NPR. Thus, in order to
strengthen the SIP, EPA is granting limited approval of these rules
under sections 110(k)(3) and 301(a) of the CAA. This action approves
the rules into the SIP as federally enforceable rules.
At the same time, EPA is finalizing the limited disapproval of
these rules because they contain deficiencies that have not been
corrected as required by section 182(a)(2)(A) of the CAA, and, as such,
the rules do not fully meet the requirements of part D of the Act. As
stated in the NPR, upon the effective date of this final rule, the 18
month clock for sanctions and the 24 month FIP clock will begin.
Sections 179(a) and 110(c). If the State does not submit the required
corrections and EPA does not approve the submittal within 18 months of
the final rule, either the highway sanction or the offset sanction will
be imposed at the 18 month mark. It should be noted that the rules
covered by this final rule have been adopted by the SCAQMD and are
currently in effect in the Los Angeles-South Coast Air Basin. EPA's
limited disapproval action in this final rule does not prevent SCAQMD
or EPA from enforcing these rules.
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). A revision to the SIP processing
review tables was approved by the Acting Assistant Administrator for
the Office of Air and Radiation on October 4, 1993 (memorandum from
Michael H. Shapiro, to the Regional Administrators). 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 13, 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, 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 25, 1994.
David P. Howekamp,
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)(189)(i)(A)(4)
and (193)(i)(A)(2) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(189) * * *
(i) * * *
(A) * * *
(4) Rules 1125 and 1136, adopted on August 2, 1991.
* * * * *
(193) * * *
(i) * * *
(A) * * *
(2) Rule 1130 adopted on March 6, 1992.
* * * * *
[FR Doc. 94-8963 Filed 4-13-94; 8:45 am]
BILLING CODE 6560-50-F