[Federal Register Volume 59, Number 113 (Tuesday, June 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-14419]


[[Page Unknown]]

[Federal Register: June 14, 1994]


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DEPARTMENT OF LABOR
 

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-4-6351; FRL-4997-9]

Approval and Promulgation of Implementation Plans California State 
Implementation Plan Revision Santa Barbara County Air Pollution 
Control District San Diego County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking.

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SUMMARY: EPA is proposing to approve revisions to the California State 
Implementation Plan (SIP) which concern the control of volatile organic 
compound (VOC) emissions from polyester resin operations. The intended 
effect of proposing approval of these rules 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 these rules into the 
federally approved SIP. EPA has evaluated each of these rules and is 
proposing to approve them 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 July 14, 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.
    Copies of the rule revisions and EPA's evaluation report of each 
rule are available for public inspection at EPA's Region 9 office 
during normal business hours. Copies of the submitted rule revisions 
are also available for inspection at the following locations:

    California Air Resources Board, Stationary Source Division, 2020 L 
Street, Sacramento, CA 95814.
    Santa Barbara County Air Pollution Control District, 26 Castilian 
Drive, B-23, Goleta, CA 93117.
    San Diego County Air Pollution Control District, 9150 Chesapeake 
Drive, San Diego, CA 92123-1096.

FOR FURTHER INFORMATION CONTACT: Christine Vineyard, 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) 744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being proposed for approval into the California SIP 
include: Santa Barbara County Air Pollution Control District (SBCAPCD), 
Rule 349, Polyester Resin Operations; and San Diego County Air 
Pollution Control District (SDCAPCD), Rule 67.12, Polyester Resin 
Operations. These rules were submitted by the California Air Resources 
Board (CARB) to EPA on November 18, 1993.

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 Santa Barbara and San 
Diego Counties. 43 FR 8964, 40 CFR 81.305. Because these areas 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. 40 CFR 52.238. 
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' 
portions of the California SIP were 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.
    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-amendment guidance.1 EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas. Santa Barbara County is classified as moderate and 
San Diego County is classified as severe;2 therefore, these areas 
were subject to the RACT fix-up requirement and the May 15, 1991 
deadline.
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    \1\Among other things, the pre-amendment 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).
    \2\SBCAPCD and SDCAPCD retained their designation of 
nonattainment and were 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 November 18, 1993, including the rules 
being acted on in this document. This document addresses EPA's proposed 
action for SBCAPCD's Rule 349, Polyester Resin Operations and SDCAPCD's 
Rule 67.12, Polyester Resin Operations. SBCAPCD adopted Rule 349 on 
April 27, 1993 and SDCAPCD adopted Rule 67.12 on April 6, 1993. These 
submitted rules were found to be complete on December 23, 1993 pursuant 
to EPA's completeness criteria that are set forth in 40 CFR part 51, 
appendix V3 and are being proposed for approval into the SIP.
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    \3\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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    SBCAPCD Rule 349 and SDCAPCD Rule 67.12 control VOC emissions from 
polyester resin operations. VOCs contribute to the production of ground 
level ozone and smog. The rules were adopted as part of each district's 
efforts 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 these rules.

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 1. 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 polyester resin operations, EPA did not publish a 
CTG. In such cases, the District may determine what controls are 
required to satisfy the RACT requirement by reviewing the operations of 
facilities with the affected source category. Further interpretations 
of EPA policy are found in the Blue Book, referred to in footnote 1. In 
general, these guidance documents have been set forth to ensure that 
VOC rules are fully enforceable and strengthen or maintain the SIP.
    SDCAPCD's Rule 67.12, Polyester Resin Operations, includes the 
following significant changes from the current SIP:

     A definition for exempt compounds was added and the VOC 
definition was revised.
     Standards for pigmented and clear gel coats were added.
     The recordkeeping section was revised to include 
maintenance of records for gel coats used, manufacturer's 
identification and VOC content of materials used.
     Several new test methods were added to correct previously 
identified deficiencies.

    SBCAPCD's Rule 349, Polyester Resin Operations, is a new rule which 
was adopted to control VOC emissions from commercial and industrial 
polyester resin operations. Rule 349 includes:

     The use of control options.
     Requirements for spray equipment.
     Recordkeeping for resins and cleaning materials.
     The use of closed containers to store all unused 
materials.
     Test methods to determine compliance.

    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SDCAPCD's Rule 67.12, Polyester Resin Operations and 
SBCAPCD's Rule 349, Polyester Resin Operations are 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. 
T3Union 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), 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.

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: June 6, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-14419 Filed 6-13-94; 8:45 am]
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