[Federal Register Volume 60, Number 44 (Tuesday, March 7, 1995)]
[Rules and Regulations]
[Pages 12451-12453]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-5348]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 102-8-6860a; FRL-5160-4]


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. The revisions concern rules from 
the Bay Area Air Quality Management District (BAAQMD). 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 any deficiencies in these rules noted in prior 
proposed rulemakings have been corrected. The rules control VOC 
emissions from pump and compressor seals at petroleum refineries, 
chemical plants, bulk plants, and bulk terminals; large commercial 
bakeries; and polyester resin operations. 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.

DATES: This final rule is effective on May 8, 1995 unless adverse or 
critical comments are received by April 6, 1995. If the effective date 
is delayed, a timely notice will be published in the Federal Register.

ADDRESSES: Copies of the rules and EPA's evaluation report for each 
rule 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. 
[[Page 12452]] 
Bay Area Air Quality Management District, 939 Ellis Street, San 
Francisco, CA 94109.

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, Telephone: 
(415) 744-1197.

SUPPLEMENTARY INFORMATION:

Applicability

    The BAAQMD rules being approved into the California SIP include: 8-
25, Pump and Compressor Seals at Petroleum Refineries, Chemical Plants, 
Bulk Plants, and Bulk Terminals; 8-42, Large Commercial Bakeries; and 
8-50, Polyester Resin 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 Act or pre-amended Act), that included the 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 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 (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 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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    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 notice addresses EPA's direct-
final action for the BAAQMD's Rules 8-25, Pump and Compressor Seals at 
Petroleum Refineries, Chemical Plants, Bulk Plants, and Bulk Terminals; 
8-42, Large Commercial Bakeries; and 8-50, Polyester Resin Operations. 
The BAAQMD adopted Rules 8-25 and 8-42 on June 1, 1994 and Rule 8-50 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 finalized 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).
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    Rule 8-25 controls volatile organic compound (VOC) emissions from 
pumps and compressors; Rule 8-42 controls VOC emissions from bakery 
ovens; and Rule 8-50 controls VOC emissions from manufacturing or 
production operations using polyester resins. VOCs contribute to the 
production of ground level ozone and smog. These rules were originally 
adopted as part of the 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 Rule 8-25 is entitled, ``Control of Volatile Organic 
Leaks from Synthetic Organic Chemical and Polymer Manufacturing'' EPA-
450/3-83-006), U.S. EPA, March 1984. 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. For 
some source categories, such as large commercial bakeries (BAAQMD Rule 
8-42) and polyester resin operations (BAAQMD Rule 8-50), EPA did not 
publish a CTG. In these 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. EPA did publish an Alternative Control Technology Document (ACT) 
entitled, ``Alternative Control Technology Document for Bakery Oven 
Emissions'', EPA 453/R-92-017, December 1972 as guidance for bakery 
sources.
    BAAQMD Rule 8-25, Pump and Compressor Seals at Petroleum 
Refineries, Chemical Plants, Bulk Plants, and Bulk Terminals improves 
the current SIP rule by:
     Revising the compliance dates.
     Adding definitions to clarify the rule.
     Adding visual inspection requirements.
     Adding new test method requirements. [[Page 12453]] 
     Adding recordkeeping requirements.
     Adding a ``burden of proof'' requirement for exemptions.
    BAAQMD Rule 8-42, Large Commercial Bakeries, is a new rule which 
was adopted to control emissions of VOCs from large commercial bread 
bakeries. However, Rule 8-42 has been in effect in the Bay Area since 
1989. The rule requires:
     All ovens to be vented to an emission control system.
     Sources to maintain records of the emissions control 
system's key operating parameters on a daily basis.
     Sources claiming exemptions to provide the necessary 
information to substantiate the exemption.
     Sources to use district method ST-32 for determination of 
emissions.
     The use of an emissions factor table for calculation of 
emissions.
    BAAQMD Rule 8-50, Polyester Resin Operations, is a new rule which 
limits the emission of VOCs from polyester resin operations. The rule 
provides the following:
     Standards which affect the application and curing of 
resin, gel coat application and curing, and clean-up solvents.
     Standards for resins and gel coats are not applicable to 
polyester resin operations that choose to install and operate emission 
control equipment.
     Storage requirements for surface preparation and clean-up 
solvents.
     Recordkeeping requirements and test methods.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, the BAAQMD's Rule 8-25, Pump and Compressor Seals at 
Petroleum Refineries, Chemical Plants, Bulk Plants, and Bulk Terminals; 
Rule 8-42, Large Commercial Bakeries; and Rule 8-50, Polyester Resin 
Operations 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 any deficiencies in 
these rules noted in prior proposed rulemakings have been corrected.
    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 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 document 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 May 8, 1995, unless, by April 6, 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 document 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 May 8, 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. 256-66 (S. Ct. 
1976); 42 U.S.C. 7410 (a)(2).
    The Office of Management and Budget 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: February 10, 1995.
Felicia Marcus,
Regional Administrator.

    Subpart F of 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)(199)(i)(A)(3) 
to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (199) * * *
    (i) * * *
    (A) * * *
    (3) Rules 8-25 and 8-42, adopted on June 1, 1994 and Rule 8-50, 
adopted on June 15, 1994.
* * * * *
[FR Doc. 95-5348 Filed 3-6-95; 8:45 am]
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