[Federal Register Volume 59, Number 149 (Thursday, August 4, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-18993]


[[Page Unknown]]

[Federal Register: August 4, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 46-3-6525; FRL-5010-3]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of final rulemaking (NFRM).

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SUMMARY: EPA is finalizing the approval of a revision to the California 
State Implementation Plan (SIP) proposed in the Federal Register on 
January 12, 1994. The revisions concern a rule from the Sacramento Air 
Quality Management District (SMAQMD). This rule is intended to control 
volatile organic compound (VOC) emissions from degreasing (cleaning) 
operations. This final action notice will incorporate this rule into 
the federally approved SIP. The intended effect of approving this rule 
is to regulate VOC emissions in accordance with the requirements of the 
Clean Air Act, as amended in 1990 (CAA or the Act). 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.
    On October 22, 1991, the sanctions and FIP clocks were started when 
EPA determined that the State failed to make a complete submittal. The 
mandatory sanctions clock was stopped on April 28, 1993 when EPA 
determined that the State had made a complete submittal. This final 
action will incorporate this rule into the federally approved SIP and 
stop the Federal Implementation Plan clock.

EFFECTIVE DATE: This action is effective on September 6, 1994.

ADDRESSEES: Copies of the rule revision 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 revision 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, Jerry Kurtzweg ANR 443, 401 ``M'' 
Street, SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, 2020 L 
Street, Sacramento, CA 95814.
Sacramento Metropolitan Air Quality Management District, 8411 
Jackson Road, Sacramento, CA 95826.

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) 744-1152.

SUPPLEMENTARY INFORMATION:

Applicability

    The rule being approved into the California SIP is Sacramento 
Metropolitan Air Quality Management District (SMAQMD) Rule 454, 
Degreasing Operations. This rule was submitted to EPA by the California 
Air Resources Board (CARB) on April 6, 1993.

Background

    On January 12, 1994 in 59 FR 1699, EPA proposed to approve the 
following rule into the California SIP: SMAQMD's Rule 454, Degreasing 
Operations. Rule 454 was adopted by SMAQMD on February 23, 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 notice of proposed 
rulemaking (NPRM) 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 NPRM 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 in 59 FR 1698 and 
in a technical support document (TSD) available at EPA's Region IX 
office (TSD dated June 10, 1993 for Rule 454).

Response to Public Comments

    A 30-day public comment period was provided in 59 FR 1698. No 
comments were received by EPA on the notice.

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. 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.
    This approval action will incorporate this rule into the federally 
approved SIP and also stop the Federal Implementation Plan (FIP) clock. 
The sanctions and FIP clocks were started on October 22, 1991 when EPA 
determined that the State failed to make a complete submittal. The 
mandatory sanctions clock was stopped on April 28, 1993 when EPA 
determined that the State made a complete submittal.
    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 notice 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 temporary 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, 
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: June 29, 1994.
Felicia Marcus,
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)(i)(A)(2) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (192) * * *
    (i) * * *
    (A) * * *
    (2) Rule 454, adopted on February 23, 1993.
* * * * *
[FR Doc. 94-18993 Filed 8-3-94; 8:45 am]
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