[Federal Register Volume 59, Number 235 (Thursday, December 8, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30211]


[[Page Unknown]]

[Federal Register: December 8, 1994]


-----------------------------------------------------------------------


ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 95-2-6609; FRL-5119-3]

 

Approval and Promulgation of Implementation Plans, California 
State Implementation Plan Revision; Sacramento Metropolitan Air Quality 
Management District, San Diego County Air Pollution Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Notice of proposed rulemaking (NPRM).

-----------------------------------------------------------------------

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 bakery ovens.
    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 January 9, 1995.

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 94105-3901.
    Copies of the new rules 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 rules are also available 
for inspection at the following locations:

California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.
Sacramento Metropolitan Air Quality Management District, 8411 Jackson 
Road, Sacramento, CA 95826.
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 94105-3901, (415) 
744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being proposed for approval into the California SIP 
include: Sacramento Metropolitan Air Quality Management District 
(SMAQMD) Rule 458, Large Commercial Bread Bakeries and San Diego County 
Air Pollution Control District (SDCAPCD) Rule 67.24, Bakery Ovens. 
These rules were submitted by the California Air Resources Board to EPA 
on July 13, 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 CAA or pre-amended Act), that included the Sacramento 
Metropolitan and San Diego County areas. 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 52.222. 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(b)(2)(C) of the CAA, Congress statutorily 
required nonattainment areas to submit reasonably available control 
technology (RACT) rules for all major sources of VOCs by November 15, 
1992 (the RACT catch-up requirement).
    SMAQMD and SDCAPCD are classified as serious and severe 
respectively;1 therefore, these areas were subject to the RACT 
catch-up requirement and the November 15, 1992 deadline.2
---------------------------------------------------------------------------

    \1\The SMAQMD and the SDCAPCD retained their designations 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).
    \2\California did not make the required SIP submittals by 
November 15, 1992. On January 15, 1993, the EPA made a finding of 
failure to make a submittal pursuant to section 179 (a)(1), which 
started an 18-month sanction clock. The rules being acted on in this 
NPRM were submitted in response to the EPA finding of failure to 
submit. EPA's affirmative determination that a complete submittal 
had been made stopped the sanctions clock.
---------------------------------------------------------------------------

    The State of California submitted many revised RACT rules for 
incorporation into its SIP on July 13, 1994, including the rules being 
acted on in this document. This document addresses EPA's proposed 
action for SMAQMD Rule 458, Large Commercial Bakeries and SDCAPCD Rule 
67.24, Bakery Ovens. SMAQMD and SDCAPCD adopted Rule 458 and 67.24, 
respectively, on June 7, 1994. These submitted rules were found to be 
complete on July 22, 1994 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.
---------------------------------------------------------------------------

    \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).
---------------------------------------------------------------------------

    SMAQMD Rule 458 and SDCAPCD Rule 67.24 control VOC emissions from 
bakery ovens. 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 section 182(b)(2)(C). 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 various EPA policy 
guidance documents.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.
---------------------------------------------------------------------------

    \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 guideline (CTGs).
---------------------------------------------------------------------------

    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 
``catch-up'' their RACT rules. See section 182(b)(2)(C). For some 
source categories, such as bakeries, EPA did not publish a CTG. In such 
cases, the District may determine what controls are required by 
reviewing the operation of facilities subject to the regulation and 
evaluating regulations for similar sources in other areas. Bakery 
sources have been subject to a RACT regulation since 1989 in the Bay 
Area Air Quality Management District. EPA did publish an Alternative 
Control Technology Document (ACT) entitled, ``Alternative Control 
Technology Document for Bakery Oven Emissions'', EPA 453/R-92-017, 
December 1992 as guidance for this source category. 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.
    SMAQMD's Rule 458, Large Commercial Bakeries, and SDCAPCD Rule 
67.24, Bakery Ovens, are new rules which were adopted to control VOC 
emissions from large commercial bakeries by establishing emissions 
reduction standards, recordkeeping requirements, and test methods for 
demonstration of compliance with the rule. Detailed evaluation of Rule 
458, Large Commercial Bakeries, and Rule 67.24, Bakery Ovens, can be 
found in the Technical Support Documents (TSD) dated July 28, 1994.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SMAQMD, Rule 458, Large Commercial Bakeries and SDCAPCD, 
Rule 67.24, Bakery Ovens, 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).
    The OMB has exempted this action from review under Executive Order 
12866.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compound.

    Authority: 42 U.S.C. 7401-7671q.

    Dated: November 30, 1994.
John Wise,
Acting Regional Administrator.
[FR Doc. 94-30211 Filed 12-7-94; 8:45 am]
BILLING CODE 6560-50-P