[Federal Register Volume 60, Number 28 (Friday, February 10, 1995)]
[Proposed Rules]
[Pages 7931-7934]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-3376]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[OAQPS CA 102-4-6757; FRL-5152-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Bay Area Air Quality Management
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 light [[Page 7932]] and medium duty motor
vehicle assembly plants, from the surface coating of large appliances
and metal furniture, from wood coating operations, and from air
stripping and soil vapor extraction 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 March 13, 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 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
Bay Area Air Quality Management District, 939 Ellis Street, San
Francisco, CA 94109
FOR FURTHER INFORMATION CONTACT: Nikole Reaksecker, 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)
744-1187.
SUPPLEMENTARY INFORMATION:
Applicability
The rules being proposed for approval into the California SIP
include: Bay Area Air Quality Management District (BAAQMD), Regulation
8, Rule 13 (Rule 8-13), Light and Medium Duty Motor Vehicle Assembly
Plants; Regulation 8, Rule 14 (Rule 8-14), Surface Coating of Large
Appliances and Metal Furniture; Regulation 8, Rule 23 (Rule 8-23),
Coating of Flat Wood Paneling and Wood Flat Stock; and Regulation 8,
Rule 47 (Rule 8-47), Air Stripping and Soil Vapor Extraction
Operations. 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 CAA 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)(H) of the pre-amended 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.
\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).
---------------------------------------------------------------------------
The 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 document. This document addresses EPA's proposed
action for BAAQMD's Rules 8-13, 8-14, 8-23, and 8-47. BAAQMD adopted
Rule 8-14 on June 1, 1994, and adopted Rules 8-13, 8-23 and 8-47 on
June 15, 1994. These 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 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).
---------------------------------------------------------------------------
Rule 8-13 controls VOC emissions from light and medium duty motor
vehicle assembly plants. Rule 8-14 controls VOC emissions from the
surface coating of large appliances and metal furniture. Rule 8-23
controls VOC emissions from the coating of flat wood paneling and wood
flat stock. Rule 8-47 limits VOC emissions from new and modified air
stripping and soil vapor extraction equipment used for the treatment of
contaminated groundwater and soil. VOCs contribute to the production of
ground level ozone and smog. The rules were adopted as part of the
District's efforts 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
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 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 [[Page 7933]] 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 BAAQMD's Rule 8-13 is entitled ``Control of Volatile
Organic Emissions from Stationary Sources--Volume II: Surface Coating
of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty Trucks'',
EPA-450/2-77-008. The CTGs applicable to BAAQMD's Rule 8-14 are
entitled ``Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume V: Surface Coating of Large Appliances'',
EPA-450/2-77-034, and ``Control of Volatile Organic Emissions from
Existing Stationary Sources--Volume III: Surface Coating of Metal
Furniture'', EPA-450/2-77-032. The CTG applicable to BAAQMD's Rule 8-23
is entitled ``Control of Volatile Organic Emissions from Existing
Stationary Sources--Volume VII: Factory Surface Coating of Flat Wood
Paneling'', EPA-450/2-78-032. Rule 8-47 controls emissions from a
source category for which EPA has not developed a CTG. Consequently,
Rule 8-47 was evaluated against the general RACT requirements of the
Clean Air Act (section 110 and part D), 40 CFR part 51, and other EPA
policy 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.
BAAQMD's submitted Rule 8-13 includes the following significant
changes from the current SIP:
deletes exemptions for miscellaneous coatings and
constrained coating lines,
incorporates applicable coating limits from two other
BAAQMD rules (Rules 8-19 and 8-31) into Rule 8-13,
establishes VOC limits on a ``solids-applied basis'',
adds and changes several definitions,
develops a new compliance schedule,
revises recordkeeping section to require monthly records
instead of annual records,
adds recordkeeping requirements for air pollution
abatement equipment,
includes EPA Test Methods 24 and 24A as test methods that
can be used to determine compliance.
BAAQMD's submitted Rule 8-14 includes the following significant
changes from the current SIP:
reduces low usage coating exemption amount to 55 gallons,
adds a definition for key system operating parameter,
adds recordkeeping requirements for air pollution
abatement equipment,
includes EPA suggested language referencing EPA Test
Methods 25 and 25A as test methods that can be used to determine
compliance.
BAAQMD's submitted Rule 8-23 includes the following significant
changes from the current SIP:
mandates that air pollution abatement equipment have an
abatement device efficiency of at least 90% and meet the requirements
of Regulation 2, Rule 1,
requires persons operating air pollution abatement
equipment to record key system operating parameters on a daily basis,
includes EPA suggested language referencing EPA Test
Methods 25 and 25A as test methods that can be used to determine
compliance.
BAAQMD's Rule 8-47 is a new rule which was adopted to limit the VOC
emissions from air stripping and soil vapor extraction equipment used
for the treatment of contaminated groundwater and soil. The rule
strengthens the SIP by:
regulating a previously unregulated source,
requiring any air stripping and soil vapor extraction
operations which emit benzene, vinyl chloride, perchloroethylene,
methylene chloride and/or trichloroethylene to be vented to a control
device which reduces emissions to the atmosphere by at least 90% by
weight,
mandating that any air stripping and soil vapor extraction
operations with a total organic compound emission greater than 15
pounds per day be vented to a control device which reduces emissions to
the atmosphere by at least 90% by weight,
requiring sources to apply for permits and/or to provide
written notification of intention to operate and to maintain records of
water analysis and vapor monitoring results,
providing test methods for air stripper water samples,
organic compound concentration in the water, and the determination of
emissions,
exempting small operations, air stripping and soil vapor
extraction operations with total emissions of less than one pound per
day, sewage treatment facilities, and industrial wastewater treatment
facilities.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, BAAQMD's Rule 8-13, Light and Medium Duty Motor Vehicle
Assembly Plants, Rule 8-14, Surface Coating of Large Appliances and
Metal Furniture, Rule 8-23, Coating of Flat Wood Paneling and Wood Flat
Stock, and Rule 8-47, Air Stripping and Soil Vapor Extraction
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. 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.
[[Page 7934]] Dated: February 1, 1995.
John Wise,
Acting Regional Administrator.
[FR Doc. 95-3376 Filed 2-9-95; 8:45 am]
BILLING CODE 6560-50-P