[Federal Register Volume 60, Number 5 (Monday, January 9, 1995)]
[Proposed Rules]
[Pages 2367-2369]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-461]



=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[OAQPS No. CA-95-6639; FRL-5134-4]


Approval and Promulgation of Implementation Plans; California 
Implementation Plan Revision, San Joaquin Valley Unified 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 polystyrene foam, polyethylene, and 
polypropylene manufacturing and polyester resin operations.
    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 February 8, 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.
San Joaquin Valley Unified Air Pollution Control District 1999 Tuolumne 
Street, Fresno, CA 93721.

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 [[Page 2368]] Francisco, CA 94105-
3901, (415) 744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being proposed for approval into the California SIP 
include: San Joaquin Valley Unified Air Pollution Control District 
(SJVUAPCD) Rule 4682, Polystyrene Foam, Polyethylene, and Polypropylene 
Manufacturing; and SJVUAPCD Rule 4684, Polyester Resin Operations. 
These rules were submitted by the California Air Resources Board (CARB) 
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 San Joaquin Valley Air 
Basin which includes the following eight air pollution control 
districts (APCDs): Fresno County APCD, Kern County APCD,\1\ Kings 
County APCD, Madera County APCD, Merced County APCD, San Joaquin County 
APCD, Stanislaus County APCD, and Tulare County APCD. 43 FR 8964; 40 
CFR 81.305. The SJVUAPCD has authority over the San Joaquin Valley Air 
Basin which includes all of the above eight counties except for the 
Southeast Desert Air Basin portion of Kern County. 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.\2\ 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. Pub. L. 101-549, 104 
Stat. 2399, codified at 42 U.S.C. 7401-7671q (CAA or Act). In amended 
sections 182(b)(2) (B) and (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 San Joaquin Valley Air Basin is classified as serious\3\; 
therefore, this area was subject to the RACT catch-up requirement and 
the November 15, 1992 deadline.\4\

    \1\At that time, Kern County included portions of two air 
basins: the San Joaquin Valley Air Basin and the Southeast Desert 
Air Basin. The San Joaquin Valley Air Basin portion of Kern County 
was designated as nonattainment, and the Southeast Desert Air Basin 
portion of Kern County was designated as unclassified. See 40 CFR 
81.305 (1991).
    \2\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.
    \3\The San Joaquin Valley Air Basin retained its designations 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).
    \4\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.
---------------------------------------------------------------------------

    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 SJVUAPCD Rule 4682, Polystyrene Foam, Polyethylene, and 
Polypropylene Manufacturing; and SJVUAPCD Rule 4684, Polyester Resin 
Operations. The SJVUAPCD adopted Rules 4682 and 4684 on June 16, 1994 
and May 19, 1994, respectively. These submitted rules were found to be 
complete on July 22, 1994 pursuant to EPA's completeness criteria, 
which are set forth in 40 CFR Part 51 Appendix V,5 and are being 
proposed for approval into the SIP.

    \5\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).
---------------------------------------------------------------------------

    The SJVUAPCD Rule 4682, Polystyrene Foam, Polyethylene, and 
Polypropylene Manufacturing, controls VOC emissions from the 
manufacturing and processing of polystyrene foam, polyethylene, and 
polypropylene and from the storage of VOC blowing agents; and SJVUAPCD 
Rule 4684, Polyester Resin Operations, controls emissions from 
polyester resin operations. 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 sections 182(b)(2) (B) and (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.\6\ 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.

    \6\Among other things, the pre-amendment guidance consists of 
those portions of the proposed post-1987 ozone and carbon monoxide 
policies that concerns 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).
---------------------------------------------------------------------------

    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). The CTG applicable to 
SJVUAPCD Rule 4682 is entitled, ``Control of Volatile Organic Compound 
Emissions from Manufacture of High-Density Polyethylene, Polypropylene, 
and Polystyrene Resins'' (EPA-450/3-83-008). For some categories, such 
as polyester resin operations, EPA did not publish a CTG. In such 
cases, the district may determine what controls are required to satisfy 
the RACT requirement by reviewing the operations of facilities subject 
to the regulation and evaluating regulations for similar sources in 
other areas. Further interpretations of EPA policy are found in the 
Blue Book, referred to in footnote 6. In general, these guidance 
documents have been set forth to ensure that VOC rules are fully 
enforceable and strengthen or maintain the SIP.
    SJVUAPCD Rule 4682, Polystyrene foam, Polyethylene, and 
Polypropylene Manufacturing, is a new rule adopted to:
     Provide emissions reduction methods such as (1) use of a 
blowing agent other than a VOC; or (2) use of trichlorofluoromethane 
(CFC-11) or dichlorodifluoromethane (CFC-12).
     Require recordkeeping for product use and add-on control 
equipment.
     Provide test methods to determine compliance.
    SJVUAPCD Rule 4684, Polyester Resin Operations, is a new rule 
adopted to: [[Page 2369]] 
     Control emissions from polyester resin operations through 
the following set of control options: (1) use of resin material with no 
more than 35% monomer by weight; (2) use of low pigmented gel coats 
with no more than 45% monomer by weight; (3) use of resin containing a 
vapor suppressant, such that weight loss from the VOC emissions does 
not exceed 60 grams per meter of exposed surface during resin 
polymerization; (4) use of a closed-mold system; and (5) use of an 
emission control system.
     Provide recordkeeping requirements.
     Provide test methods to determine compliance.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, SJVUAPCD Rule 4682, Polystyrene Foam, Polyethylene, and 
Polypropylene Manufacturing; and SJVUAPCD Rule 4684, Polyester Resin 
Operations 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. Sections 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. 
sections 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: December 14, 1994.
Felicia Marcus,
Regional Administrator.
[FR Doc. 95-461 Filed 1-6-95; 8:45 am]
BILLING CODE 6560-50-P