[Federal Register Volume 59, Number 164 (Thursday, August 25, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-20914]


[[Page Unknown]]

[Federal Register: August 25, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 83-2-6581a FRL-5030-2]

 

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

AGENCY: Environmental Protection Agency (EPA).

ACTION: Direct final rule.

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SUMMARY: EPA is taking direct final action on revisions to the 
California State Implementation Plan (SIP). The revisions concern rules 
from the South Coast Air Quality Management District (SCAQMD). The 
revised rules control VOC emissions from Polyester Resin Operations, 
Manufacture of Polymeric Cellular (Foam) Products, Fugitive Emissions 
of Volatile Organic Compounds, and Sumps and Wastewater Separators. 
This approval action will incorporate these rules into the federally 
approved SIP. The intended effect of approving these rules 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). In addition, the final action on these rules serves as a 
final determination that the deficiencies in these rules have been 
corrected and that on the effective date of this action, any sanctions 
or Federal Implementation Plan (FIP) obligations are permanently 
stopped. Thus, EPA is finalizing the approval of these revisions 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.

DATES: This final rule is effective on October 24, 1994, unless adverse 
or critical comments are received by September 26, 1994. If the 
effective date is delayed, a timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the rule revisions and EPA's evaluation report for 
each rule are available for public inspection at EPA's Region IX 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, Jerry Kurtzweg, ANR 443, 401 ``M'' 
Street, SW., Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095
South Coast Air Quality Management District, 21865 E. Copley Drive, 
Diamond Bar, CA 91765-4182

FOR FURTHER INFORMATION CONTACT:
Daniel A. Meer, Chief, 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) 744-1185.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being approved into the California SIP include: SCAQMD 
Rule 1162, Polyester Resin Operations; Rule 1173, Fugitive Emissions of 
Volatile Organic Compounds; Rule 1175, Control of Emissions from the 
Manufacture of Polymeric Cellular (Foam) Products; and Rule 1176, Sumps 
and Wastewater Separators. These rules were submitted by the California 
Air Resources Board (CARB) to EPA on May 24, 1994.

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 Act or pre-amended Act), that included the Los Angeles-South 
Coast Air Basin Area (LA-Basin). 43 FR 8964, 40 CFR 81.305. Because 
this area was 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 52.222). On May 26, 1988, EPA notified the Governor of California, 
pursuant to section 110(a)(2) of the 1977 Act, that the above 
district's portion of the California SIP was 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. Pub. L. 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) rule 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 neccessary corrections for specific 
nonattainment areas. The LA Basin is classified as extreme;\2\ 
therefore, this area was 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 azone and carbon monoxide 
policy that concern RACT, 52 FR 45044 (November 24, 1987); ``Issues 
Relating toe 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\The LA Basin retained its designation of nonattainment and 
was 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 May 24, 1994, including the rules being 
act on in this notice. This notice addresses EPA's direct-final action 
for SCAQMD Rule 1162, Polyester Resin Operations; Rule 1173, Fugitive 
Emissions of Volatile Organic Compounds; Rule 1175, Control of 
Emissions from the Manufacture of Polymeric Cellular (Foam) Products; 
and Rule 1176, Sumps and Wastewater Separators. South Coast Air Quality 
Management District adopted these rules on May 13, 1994. These 
submitted rules were found to be complete on July 14, 1994 pursuant to 
EPA's completeness criteria that are set forth in 40 CFR part 51 
Appendix V\3\ and are being finalized 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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    Rule 1162 controls VOC emissions from all polyester resin 
operations that fabricate, rework, repair, or touch-up products for 
commercial, military, or industrial use; Rule 1173 controls VOC leaks 
from valves, fittings, pumps, compressors and other device at 
refineries, chemical plants, oil and gas production fields, natural gas 
processing plants, and pipeline transfer stations; Rule 1175 controls 
emissions of VOCs from polymeric cellular products manufacturing 
operations including but not limited to expandable polystyrene, 
polystyrene foam extrusion, polyurethane, isocyanurate and phenolic 
foam operations; Rule 1176 limits VOC emissions from sumps, wastewater 
separators, separator forebays, process drains, sewer lines and 
junction boxes located at oil production fields, refineries, chemical 
plants, and industrial facilities handling petroleum liquids. VOCs 
contribute to the production of ground level ozone and smog. These 
rules were originally adopted as part of SCAQMD's effort 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 final action for this rule.

EPA Evaluation and 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). The CTG 
applicable to Rule 1173 is entitled ``Control of Volatile Organic 
Equipment Leaks from Natural Gas/Gasoline Processing Plants'', EPA-450/
3-83-007; the CTG applicable to Rule 1176 is entitled ``Control of 
Refinery Vacuum Producing Systems, Wastewater Separators and Process 
Turnarounds'', EPA-450/2-77-025. Rules 1162 and 1175 control emissions 
from source categories for which EPA has not developed a CTG. These 
rules were evaluated against the general RACT requirements of the CAA 
(section 110 and part D, 40 CFR part 51), ``Issues relating to VOC 
Regulation Cutpoints, Deficiencies and Deviations--Clarifications to 
Appendix D of November 24, 1987 Federal Register'' May 25, 1988 (EPA's 
Blue Book), and other EPA policies including the EPA Region IX/CARB 
document entitled: ``Guidance Document for Correcting VOC Rule 
Deficiencies,'' April 1991. 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.
    SCAQM's submitted rules include the following significant changes 
from the current SIP:

Rule 1162, Polyester Resin Operations

     Specifies individual test methods for determining monomer 
content and weight loss of polymer resin materials,
     References specific test method to determine capture 
efficiency,
     Adds applicability section.

Rule 1173, Fugitive Emissions of Volatile Organic Compounds

     Removed Executive Officer discretion in approving 
alternate test methods from section (h)(2),
     Clarified section (k)(1) that unsafe components are not 
exempt from repair requirements,
     Changed the definition of ``inaccessible component'' to be 
consistent with the CTG definition.

Rule 1175, Control of Emissions From the Manufacture of Polymeric 
Cellular (Foam) Products

     Revised definition of Approved Emission Control System,
     Deleted definition of Emission Collection System,
     Updated Emission Control Requirements section,
     Expanded test method section,

Rule 1176, Sumps and Wastewater Separators

     Removed Executive Officer discretion in determining 
equivalent control measures from section (c)(2)(C),
     Removed Executive Officer discretion in approving 
alternate test methods from sections (g)(1) and (g)(2),
     Removed ability to designate safety exemptions without 
District approval (h)(1).
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SCAQMD Rule 1162, Polyester Resin Operations; Rule 1173, 
Fugitive Emissions of Volatile Organic Compounds; Rule 1175, Control of 
Emissions from the Manufacture of Polymeric Cellular (Foam) Products; 
and Rule 1176, Sumps and Wastewater Separators, are being approved 
under section 110(k)(3) of the CAA as meeting the requirements of 
section 110(a) and Part D.
    The final action on these rules serves as a final determination 
that the deficiencies in these rules have been corrected. Therefore, if 
this direct final action is not withdrawn, on October 24, 1994, any 
sanction or Federal Implementation Plan Clock is stopped.
    Nothing in this action should be construed as permitting or 
allowing or establishing a precedent for any future implementation 
plan. Each request for revision to the SIP shall be considered 
separately in light of specific technical, economic, and environmental 
factors and in relation to relevant statutory and regulatory 
requirements.
    EPA is publishing this notice without prior proposal because the 
Agency views this as a noncontroversial amendment and anticipates no 
adverse comments. However, in a separate document in this Federal 
Register publication, the EPA is proposing to approve the SIP revision 
should adverse or critical comments be filed. This action will be 
effective October 24, 1994, unless, within 30 days of its publication, 
adverse or critical comments are received.
    If the EPA receives such comments, this action will be withdrawn 
before the effective date by publishing a subsequent notice that will 
withdraw the final action. All public comments received will then be 
addressed in a subsequent final rule based on this action serving as a 
proposed rule. The EPA will not institute a second comment period on 
this action. Any parties interested in commenting on this action should 
do so at this time. If no such comments are received, the public is 
advised that this action will be effective October 24, 1994.

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 population of less than 
50,000.
    SIP approvals under sections 110 and 301(a) 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, I certify 
that 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 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. 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, 
Incorporation by reference, Intergovernmental relations, Ozone, 
Reporting and recordkeeping requirements, Volatile organic compounds.

    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: July 29, 1994.
Jeffrey Zelikson,
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 paragraph (c)(197) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (197) New and amended regulations for the following APCDs were 
submitted on May 24, 1994, by the Governor's designee.
    (i) Incorporation by reference.
    (A) South Coast Air Quality Management District.
    (1) Rules 1162, 1173, 1175 and 1176, adopted on May 13, 1994.
* * * * *
[FR Doc. 94-20914 Filed 8-24-94; 8:45 am]
BILLING CODE 6560-50-M