[Federal Register Volume 59, Number 236 (Friday, December 9, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30325]


[[Page Unknown]]

[Federal Register: December 9, 1994]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 102-1-6744a; FRL-5120-1]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Bay Area 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 Bay Area Air Quality Management District (BAAQMD). The revised 
rules control VOC emissions from Metal Container, Closure, and Coil 
Coating, Solvent Cleaning Operations, and Pressure Relief Valves at 
Petroleum Refineries and Chemical Plants. 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 rules 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.

EFFECTIVE DATE: This action is effective on February 7, 1995, unless 
adverse or critical comments are received by January 9, 1995. If the 
effective date is delayed, timely notice will be published in the 
Federal Register.

ADDRESSES: Copies of the rules and EPA's evaluation reports for these 
rules are available for public inspection at EPA's Region IX office 
during normal business hours. Copies of the submitted rules 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, 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.
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.

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 are: BAAQMD's 
Regulation 8, Rule 11, Metal Container, Closure, and Coil Coating; Rule 
16, Solvent Cleaning Operations; and Rule 28, Pressure Relief Valves at 
Petroleum Refineries and Chemical Plants.
    These rules were submitted by the California Air Resources Board 
(CARB) to EPA on September 28, 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 San Francisco Bay 
Area. 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. 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. The San Francisco Bay Area is classified as 
moderate;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 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\The San Francisco Bay Area 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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    State of California submitted many revised RACT rules for 
incorporation into its SIP on September 28, 1994, including the rules 
being acted on in this notice. This notice addresses EPA's direct-final 
action for BAAQMD's Regulation 8, Rule 11, Metal Container, Closure, 
and Coil Coating; Rule 16, Solvent Cleaning Operations; and Rule 28, 
Pressure Relief Valves at Petroleum Refineries and Chemical Plants. The 
BAAQMD adopted Rules 11 and 16 on June 15, 1994 and Rule 28 on June 1, 
1994. The submitted rules were found to be complete on November 22, 
1994 pursuant to EPA's completeness criteria that are set forth in 40 
CFR part 51 Appendix V3 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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    Regulation 8, Rule 11 controls VOC emissions from metal container, 
closure, and coil coating operations. Regulation 8, Rule 16 controls 
VOC emissions from solvent cleaning operations employing Cold Cleaners, 
Open Top Vapor Degreasers and Conveyorized Degreasers. Regulation 8, 
Rule 28 controls VOC emissions from pressure relief valves at petroleum 
refineries and chemical plants. VOCs contribute to the production of 
ground level ozone and smog. These rules were originally adopted as 
part of BAAQMD'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 these rules.

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 Regulation 8, Rule 11 is entitled ``Control of Volatile 
Organic Emissions from Existing Stationary Sources--Volume II: Surface 
Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty 
Trucks'', EPA-450/2-77-008. The CTG applicable to Regulation 8, Rule 16 
is entitled ``Control of Volatile Organic Emissions from Solvent Metal 
Cleaning'', EPA-450/2-77-022.
    The CTG applicable to Regulation 8, Rule 28 is entitled ``Control 
of Volatile Organic Compound Equipment Leaks from Synthetic Organic 
Chemical and Polymer Manufacturing Equipment'', EPA-450/3-83-006. In 
general, these guidance documents have been set forth to ensure that 
VOC rules are fully enforceable and strengthen or maintain the SIP.
    BAAQMD's submitted Rule 11 includes the following significant 
changes from the current SIP:
     Limits the VOC contents of interior body spray, two-piece 
can exterior end coating, and the interior of reconditioned drums, 
pails and lids coatings to limits found in the applicable CTG,
     Mandates that air pollution abatement equipment meet the 
requirements of Regulation 2, Rule 1,
     Deletes section on the analysis of non-heat-set ink 
samples, thereby removing a previously identified deficiency,
     Adds EPA methods 25 and 25A as test methods that can be 
used to determine compliance.
    BAAQMD's submitted Rule 16 includes the following significant 
changes from the current SIP:
     Adds requirement for down-time cover,
     Removes the Air Pollution Control Officer's (APCO) 
discretion in approving alternate methods to limit solvent carry out,
     Adds EPA methods 25 and 25A as test methods that can be 
used to determine compliance.
    BAAQMD's submitted Rule 28 includes the following significant 
changes from the current SIP:
     Exempts research and development facilities,
     Adds definitions of inaccessible pressure relief valve and 
leak minimization,
     Requires inspection of pressure relief valves protected by 
rupture disks,
     Revises the pressure relief valve repair provisions,
     Includes provisions for identifying leaks and relief 
valves,
     Adds sections for determining control efficiency, analysis 
of samples, and portable hydrocarbon detectors.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, BAAQMD's Regulation 8, Rule 11, Metal Container, Closure and 
Coil Coating, Rule 16, Solvent Cleaning Operations, and Rule 28, 
Pressure Relief Valves at Petroleum Refineries and Chemical Plants 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 February 7, 1995, 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 these as noncontroversial amendments 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 February 7, 1995, 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 February 7, 1995.

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 rules 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).
    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: December 1, 1994.
Nora L. McGee,
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 paragraphs (c)(199)(i)(A)(1) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (199) New and amended regulations for the following APCDs were 
submitted on September 28, 1994 by the Governor's designee.
    (i) Incorporation by reference.
    (A) Bay Area Air Quality Management District.
    (1) Regulation 8, Rules 11 and 16 adopted on June 15, 1994, and 
Regulation 8, Rule 28 adopted on June 1, 1994.
* * * * *
[FR Doc. 94-30325 Filed 12-8-94; 8:45 am]
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