[Federal Register Volume 61, Number 28 (Friday, February 9, 1996)]
[Rules and Regulations]
[Pages 4890-4892]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-2820]



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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52

[CA 71-9-7222a; FRL-5399-1]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Monterey Bay Unified Air Pollution 
Control 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 Monterey Bay Unified Air Pollution Control District (MBUAPCD). 
This approval action will incorporate two rules into the federally 
approved SIP and remove one rule from the SIP. The revised rules 
control VOC emissions from oil water separators, and the use of 
architectural coatings. The rule to be removed controls emissions from 
rubber tire manufacturing.
    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 this rule serves as a final 
determination that the finding of nonsubmittal for these two rules 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 these revisions 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 action is effective on April 9, 1996 unless adverse or 
critical comments are received by March 11, 1996. 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 92123-1095.
Monterey Bay Unified Air Pollution Control District, 24580 Silver Cloud 
Court, Monterey, CA 93940.

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 rules being approved into the California SIP include: MBUAPCD 
420, Effluent Oil Water Separators; and MBUAPCD 426, Architectural 
Coatings. The rule being removed from the SIP is MBUAPCD Rule 428, 
Manufacture of Rubber Tires. These rules were submitted by the 
California Air Resources Board to EPA on November 18, 1993.

Background

    On March 3, 1978, EPA promulgated a list of ozone nonattainment 
areas under the provisions of the Clean Air Act, as amended in l977 
(1977 Act or pre-amended Act), that included the Monterey Bay Area. 43 
FR 8964, 40 CFR 81.305. 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) of the CAA, Congress statutorily required nonattainment areas 
to submit reasonably available control technology (RACT) rules for 
specific VOC sources by November 15, 1992 (the RACT ``catchup'' 
requirement).
    At the time of enactment of the CAA amendments, the Monterey Bay 
Area was classified as moderate 1; therefore, this area was 
subject to the RACT catch-up requirement and the November 15, 1992 
deadline.2

    \1\ Monterey 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).
    \2\ California did not make the required SIP submittal by 
November 15, 1992. On June 8, 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. Two of the rules being acted on 
in this direct final rule were 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 November 18, 1993, including two of the 
rules being acted on in this notice. This notice addresses EPA's 
direct-final action for MBUAPCD Rule 420, Effluent Oil Water 
Separators; and Rule 426, Architectural Coatings. These submitted rules 
were found to be complete on December 27, 1993 pursuant to EPA's 
completeness criteria that are set forth in 40 CFR part 51 appendix V 
3 and are being finalized for approval into the SIP. This notice 
also addresses the State of California's request that Rule 428, 

[[Page 4891]]
Manufacture of Rubber Tires, be removed from 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 420 controls emissions from oil water separators at oil fields 
and petroleum refineries; Rule 426 limits the emissions of VOCs 
resulting from the use of architectural coatings; and rescinded Rule 
428 controls emissions from the manufacture of rubber tires. VOCs 
contribute to the production of ground level ozone and smog. These 
rules were originally adopted as part of MBUAPCD's effort to achieve 
the National Ambient Air Quality Standard (NAAQS) for ozone and in 
response to section 182(b)(a). 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.4 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.

    \4\ 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).
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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). The CTG 
applicable to Rule 420 is entitled, ``Control of Refinery Vacuum 
Producing Systems, Wastewater Separators, and Process Unit 
Turnarounds,'' EPA-450/2-77-025. Rule 426 has no applicable CTG, but 
was evaluated for consistency with the State of California's 
``Suggested Control Measure for Architectural Coatings,'' July 1989. 
Further interpretations of EPA policy are found in the Blue Book, 
referred to in footnote 4. In general, these guidance documents have 
been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    MBUAPCD's submitted Rule 420, Effluent Oil Water Separators, 
includes the following significant changes from the current SIP:
     Test methods were added to determine compliance;
     Recordkeeping requirements were added; and
     Air Pollution Control Officer discretion for alternative 
control measures was deleted from the rule.
    MBUAPCD' submitted Rule 426, Architectural Coatings, includes the 
following significant changes from the current SIP:
     Clearly defines the purpose and applicability of the rule;
     Expresses VOC content limitations in ``grams of VOC per 
liter of coating, excluding any water, exempt organic compounds, and 
colorant added to tint bases'';
     Reduces the VOC content limit for non-flat coatings;
     Removes small business exemption;
     Adds, updates, and clarifies definitions; and
     Specifies test methods to be used for determining 
compliance.
    MBUAPCD's Rule 428, Manufacture of Rubber Tires, was submitted to 
be removed from the SIP. This was a source-specific rule since no other 
such facilities existed at the time the rule was adopted. This facility 
has since shut down. No emission reductions are achieved or claimed 
from the control of rubber tire manufacturing within MBUAPCD's ozone 
attainment plan. The removal of Rule 428 meets the requirements of 
EPA's policy and removes an extraneous rule that serves no purpose.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, MBUAPCD Rule 420, Effluent Oil Water Separators and MBUAPCD 
Rule 426, Architectural Coatings, are being approved under section 
110(k)(3) of the CAA as meeting the requirements of section 110(a) and 
part D. Furthermore, EPA is removing applicable Rule 428 consistent 
with the requirements of sections 110(l) and 193.
    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 April 9, 1996, unless, by March 11, 1996, 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 April 9, 1996.

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(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). 

[[Page 4892]]


Unfunded Mandates

    Under Sections 202, 203, and 205 of the Unfunded Mandates Reform 
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22, 
1995, EPA must undertake various actions in association with proposed 
or final rules that include a Federal mandate that may result in 
estimated costs of $100 million or more to the private sector or to 
State, local, or tribal governments in the aggregate.
    Through submission of this state implementation plan or plan 
revision, the State and any affected local or tribal governments have 
elected to adopt the program provided for under Part D of the Clean Air 
Act. These rules may bind State, local, and tribal governments to 
perform certain actions and also require the private sector to perform 
certain duties. The rules being approved by this action will impose no 
new requirements because affected sources are already subject to these 
regulations under State law. Therefore, no additional costs to State, 
local, or tribal governments or to the private sector result from this 
action. EPA has also determined that this direct final action does not 
include a mandate that may result in estimated costs of $100 million or 
more to State, local, or tribal governments in the aggregate or to the 
private sector.
    This action has been classified as a Table 3 action for signature 
by the Regional Administrator under the procedures published in the 
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a 
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for 
Air and Radiation. The Office of Management and Budget (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 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]

Subpart F--California

    1. The authority citation for Part 52 continues to read as follows:

    Authority: 42 U.S.C. 7401-7671q.

    2. Section 52.220 is amended by adding paragraphs (c)(194)(i)(F) 
(3) and (4) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (194) * * *
    (i) * * *
    (F) * * *
    (3) Rule 420 and Rule 426, adopted on August 25, 1993.
    (4) Previously submitted to EPA on February 6, 1975 and approved in 
the Federal Register on July 13, 1987 and now removed without 
replacement, Rule 428.
[FR Doc. 96-2820 Filed 2-8-96; 8:45 am]
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