[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30510]


[[Page Unknown]]

[Federal Register: December 14, 1994]


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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 95-6-6691a; FRL-5118-8]

 

Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Placer County Air Pollution 
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. The revisions concern a rule from 
the Placer County Air Pollution Control District (PCAPCD). This 
approval action will incorporate the rule into the federally approved 
SIP.
    The intended effect of approving this rule 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 this rule serves as a final 
determination that the finding of nonsubmittal for this rule has been 
corrected and that on the effective date of this action, any Federal 
Implementation Plan (FIP) clock is stopped. 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.

EFFECTIVE DATE: This final rule is effective on February 13, 1995, 
unless adverse or critical comments are received by January 13, 1995. 
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 
the 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 94105-3901.
    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 92123-1095.
    Placer County Air Pollution Control District, 11464 B Avenue, 
Auburn, CA 95603.

FOR FURTHER INFORMATION CONTACT: Duane F. James, 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) 744-1191.

SUPPLEMENTARY INFORMATION:

Applicability

    The rule being approved into the California SIP is PCAPCD's Rule 
230, ``Plastic Products and Materials--Paper Treating Operations.'' 
This rule was 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 Act or pre-amended Act), that included the Placer County 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)(H) 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(b)(2)(C) of the CAA, Congress 
statutorily required nonattainment areas to submit reasonably available 
control technology (RACT) rules for all major stationary sources of 
VOCs by November 15, 1992 (the RACT catch-up requirement).
    The Placer County area is classified as serious;1 therefore, 
this area was subject to the RACT catch-up requirement and the November 
15, 1992 deadline.2
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    \1\Placer County 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).
    \2\California did not make the required SIP submittal 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 rule being acted on in this 
NFRM was submitted in response to the EPA finding of failure to 
submit.
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on July 13, 1994, including the rule being 
acted on in this notice. This notice addresses EPA's direct-final 
action for PCAPCD's Rule 230, ``Plastic Products and Materials--Paper 
Treating Operations.'' PCAPCD adopted Rule 230 on June 28, 1994. This 
submitted rule was 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 is 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 230 controls VOC emissions from paper treating operations at 
the Formica Corporation's Sierra plant, located in Sunset Whitney 
Ranch, California. VOCs contribute to the production of ground level 
ozone and smog. This rule was adopted as part of PCAPCD's effort to 
achieve the National Ambient Air Quality Standard (NAAQS) for ozone and 
in response to section 182(b)(2)(C). A similar rule was proposed by EPA 
on February 14, 1994 (59 FR 23263-23605, May 5, 1994) as part of an 
ozone attainment Federal Implementation Plan (FIP)4 with final 
promulgation set for February 14, 1995. By taking final action on Rule 
230, EPA does not anticipate the need to finalize action on the 
comparable rule proposed in the ozone attainment FIP since both rules 
achieve equivalent emission reductions. The following is EPA's 
evaluation and final action for Rule 230.
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    \4\ The ozone attainment FIP is a court ordered requirement, 
which applies to the Sacramento, Ventura, and South Coast ozone 
nonattainment areas in California.
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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.5 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.
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    \5\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 
techniques guideline (CTGs).
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    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). For some 
categories, such as paper treating operations, EPA did not publish a 
CTG. In such cases, the state and local agencies 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. Therefore, the PCAPCD must determine the VOC control 
measures that are reasonable and available for Formica based on its 
operations. Further interpretations of EPA policy are found in the Blue 
Book, referred to in footnote 5. In general, these guidance documents 
have been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    PCAPCD's Rule 230, ``Plastic Products and Materials--Paper Treating 
Operations'' requires that phenolic and melamine resins used in paper 
treating operations at Formica not exceed 1.75 and 0.1 pounds of VOC 
per gallon, less water and exempt compounds, respectively. The VOC 
content of resins is determined by EPA Method 24. Alternatively, non-
compliant resins may be used provided that emission control systems 
with overall efficiencies (capture and control) of 85% are installed. 
Capture efficiency is determined by the EPA protocol in 40 CFR 
52.741(a)(4)(iii), and control efficiency is determined by EPA Method 
25 or 25A. Final compliance with Rule 230 is required by February 1, 
1995. A more detailed discussion of the source controlled, the controls 
required, and the justification for why these controls represent RACT 
can be found in the Technical Support Document (TSD) for Rule 230, 
dated September 29, 1994.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
PCAPCD's Rule 230, ``Plastic Products and Materials--Paper Treating 
Operations'' is being approved under section 110(k)(3) of the CAA as 
meeting the requirements of section 110(a) and part D. Therefore, if 
this direct final action is not withdrawn, on February 13, 1995, any 
FIP clock associated with the finding of failure to submit is stopped.
    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.
    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 February 13, 1995, unless by January 13, 1995, 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 13, 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 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).
    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, 
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 paragraph (c)(198)(i)(B) to 
read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (198) * * *
    (i) * * *
    (B) Placer County Air Pollution Control District
    (1) Rule 230, adopted on June 28, 1994.
* * * * *
[FR Doc. 94-30510 Filed 12-13-94; 8:45 am]
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