[Federal Register Volume 59, Number 163 (Wednesday, August 24, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20804]
[[Page Unknown]]
[Federal Register: August 24, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-21-2-6235; FRL-5056-4]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; San Diego County Air Pollution
Control District; San Joaquin Valley Unified 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 surface cleaning and degreasing
operations, oil sump operations, and the storage of materials
containing VOCs. 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 (NPRM) 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 September 23, 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 IX office
during normal business hours. Copies of the submitted rule revisions
are also available for inspection at the following locations:
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 95814.
San Diego County APCD, 9150 Chesapeake Drive, San Diego, CA 92123.
San Joaquin Valley Unified APCD, 1999 Tuolumne Street, suite 200,
Fresno, CA 93721.
FOR FURTHER INFORMATION CONTACT: Mae Wang, 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-
1200.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being proposed for approval into the California SIP
include: San Diego County Air Pollution Control District (SDCAPCD) Rule
67.6, Solvent Cleaning Operations; SDCAPCD Rule 67.17, Storage of
Materials Containing Volatile Organic Compounds; San Joaquin Valley
Unified Air Pollution Control District (SJVUAPCD) Rule 461.1, Organic
Solvent Degreasing Operations; and SJVUAPCD Rule 465.2, Crude Oil
Production Sumps. These rules were submitted by the California Air
Resources Board (CARB) on April 5, 1991 (67.6), February 11, 1994
(67.17), and January 28, 1992 (461.1 and 465.2).
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 the SDCAPCD and the
following eight air pollution control districts (APCDs) which comprise
the San Joaquin Valley Area: Fresno County APCD, Kern County APCD,
Kings County APCD1, Madera County APCD, Merced County APCD, San
Joaquin County APCD, Stanislaus County APCD, and Tulare County
APCD.2 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, 1987.3 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.
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\1\At that time, Kern County included portions of two air
basins: the San Joaquin Valley Air Basin and the Northeast Desert
Air Basin. The San Joaquin Valley Air Basin portion of Kern County
was designated as nonattainment, and the Southeast Desert portion of
Kern County was designated as unclassified. (See 40 CFR 81.305,
1991)
\2\On March 20, 1991, the San Joaquin Valley Unified Air
Pollution Control District (SJVUAPCD) was formed. The SJVUAPCD has
authority over the San Joaquin Valley Air Basin which includes all
of the above eight counties except the Southeast Desert Air Basin
portion of Kern County.
\3\This extension was not requested for the following counties:
Kern, Kings, Madera, Merced, and Tulare. Thus, the attainment date
for these counties remained December 31, 1982.
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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.4 EPA's SIP-Call used that
guidance to indicate the necessary corrections for the specific
nonattainment areas. The San Diego County area is classified as
``severe'', and the San Joaquin Valley area is classified as
``serious''.5 Therefore, these areas were subject to the RACT fix-
up requirement and the May 15, 1991 deadline.
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\4\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).
\5\The San Diego County and San Joaquin Valley Unified Areas
were redesignated nonattainment and 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 April 5, 1991, January 28, 1992, and
February 11, 1994, including the rules being acted on in this document.
This document addresses EPA's proposed action for SDCAPCD Rule 67.6,
Solvent Cleaning Operations; SDCAPCD Rule 67.17, Storage of Materials
Containing Volatile Organic Compounds; SJVUAPCD Rule 461.1, Organic
Solvent Degreasing Operations; and SJVUAPCD Rule 465.2, Crude Oil
Production Sumps. SDCAPCD adopted Rule 67.6 on October 16, 1990, and
Rule 67.17 on September 21, 1993. SJVUAPCD adopted both Rule 461.1 and
Rule 465.2 on September 19, 1991. These submitted rules were found to
be complete on the following dates: SDCAPCD Rule 67.6, May 21, 1991;
SDCAPCD Rule 67.17, April 11, 1993; and SJVUAPCD Rule 461.1 and Rule
465.2, April 3, 1992. These rules were found to be complete pursuant to
EPA's completeness criteria that are set forth in 40 CFR part 51,
appendix V6 and are being proposed for approval into the SIP.
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\6\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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SDCAPCD Rule 67.6 and SJVUAPCD Rule 461.1 control VOC emissions
from solvent degreasing operations. SJVUAPCD Rule 465.2 controls VOC
emissions from crude oil production sumps, and SDCAPCD Rule 67.17
controls emissions from the storage of materials containing VOCs. VOCs
contribute to the production of ground level ozone and smog. These
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 4. 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). The CTG
applicable to SDCAPCD Rule 67.6, Solvent Cleaning Operations, and
SJVUAPCD Rule 461.1, Organic Solvent Degreasing Operations, is EPA-450/
2-77-022, ``Control of Volatile Organic Emissions from Solvent Metal
Cleaning.'' No CTG has been prepared covering the new SDCAPCD Rule
67.17, Storage of Materials Containing Volatile Organic Compounds, or
the new SJVUAPCD Rule 465.2, Crude Oil Production Sumps. Accordingly,
the latter two rules were evaluated based on EPA policy and on rules
covering similar source categories from other districts in California.
Further interpretations of EPA policy are found in the Blue Book,
referred to in footnote 4. In general, these guidance documents have
been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
SDCAPCD Rule 67.6, Solvent Cleaning Operations, includes the
following significant changes from the current SIP:
1. Expanded the applicability of the rule to include cold-solvent
dip tanks, all vapor degreasers, and stripper and vapor solder reflow
equipment.
2. Added a schedule for bringing equipment into compliance with the
amended rule.
3. Expanded and revised equipment and operating requirements for a
variety of degreasers.
4. Revised and expanded definitions to reflect changes and
additions in the textual material.
5. Revised the provisions allowing for alternative add-on control
devices that reduced emissions of VOCs by at least 85 percent.
6. Added recordkeeping requirements and test methods.
SJVUAPCD Rule 461.1, Organic Solvent Degreasing Operations,
includes the following significant changes from the current SIP:
1. Added more restrictive controls for highly volatile degreasing
solvents.
2. Added test methods for determining compliance.
3. Added recordkeeping requirements.
4. Expanded definitions from 7 to 17 items.
5. Deleted Executive Officer (EO) discretion for items such as
selection and approval of emission control systems and test methods.
6. Expanded operating requirements for all types of degreasers.
7. Added a compliance schedule.
SDCAPCD Rule 67.17, Storage of Materials Containing Volatile
Organic Compounds, is a new rule that sets forth standards requiring
closure of all containers containing VOC and handling of VOC-containing
wastes, such as wipe cloths.
SJVUAPCD Rule 465.2, Crude Oil Production Sumps, is also a new rule
that sets forth standards for controlling VOC emissions from the
various types of crude oil production sumps.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SDCAPCD Rule 67.6, Solvent Cleaning Operations, SDCAPCD Rule
67.17, Storage of Materials Containing Volatile Organic Compounds,
SJVUAPCD Rule 461.1, Organic Solvent Degreasing Operations, and
SJVUAPCD Rule 465.2, Crude Oil Production Sumps, 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.
Union 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. The Office of Management and Budget has exempted
this regulatory action from Executive Order 12866 review.
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: August 12, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-20804 Filed 8-23-94; 8:45 am]
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