[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