[Federal Register Volume 61, Number 41 (Thursday, February 29, 1996)]
[Rules and Regulations]
[Pages 7706-7709]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-4570]



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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 71-10-7281a; FRL-5422-9]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Mojave Desert Air Quality 
Management District and Ventura County 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. The revisions concern rules from 
the Mojave Desert Air Quality Management District (MDAQMD) and the 
Ventura County Air 

[[Page 7707]]
Pollution Control District (VCAPCD). 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). The rules control 
VOC emissions from asphalt roofing operation, semiconductor 
manufacturing operations, and glycol dehydrators. 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 29, 1996 unless adverse or 
critical comments are received by April 1, 1996. 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 
each 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
Environmental Protection Agency, Air Docket (6102), 401 ``M'' Street, 
S.W., Washington, D.C. 20460
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814
Mojave Desert Air Quality Management District, 15428 Civic Drive, Suite 
200, Victorville, CA 92392
Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, CA 93003

FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, 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) 744-1188.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being approved into the California SIP include: MDAQMD 
Rule 471, Asphalt Roofing Operations; VCAPCD Rule 74.28, Asphalt 
Roofing Operations; VCAPCD Rule 74.21, Semiconductor Manufacturing; 
VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule 71, Crude Oil and 
Reactive Organic Compound Liquids. The California Air Resources Board 
submitted these rules to EPA on December 22, 1994; November 18, 1993; 
July 13, 1994; and February 24, 1995 (Rules 71 and 71.5) respectively.

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 Southeast Desert 
Modified AQMA Area 1 and the Ventura County 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 
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. 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.

    \1\ Portions of MDAQMD lie within the Southeast Desert Modified 
AQMA Area.
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    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.2 EPA's SIP-Call used that 
guidance to indicate the necessary corrections for specific 
nonattainment areas. The Southeast Desert Modified AQMA Area is 
classified as Severe-17, and the Ventura County Area is classified as 
Severe-15 3; therefore, these areas were subject to the RACT fix-
up requirement and the May 15, 1991 deadline.

    \2\ 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).
    \3\ Southeast Desert Modified AQMA Area and Ventura County Area 
retained their designations of nonattainment and were 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 December 22, 1994; November 18, 1993; 
July 13, 1994; and February 24, 1995, including the rules being acted 
on in this notice. This notice addresses EPA's direct-final action for 
MDAQMD Rule 471, Asphalt Roofing Operations; VCAPCD Rule 74.28, Asphalt 
Roofing Operations; VCAPCD Rule 74.21, Semiconductor Manufacturing; 
VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule 71, Crude Oil and 
Reactive Organic Liquids. The MDAQMD adopted Rule 471 on December 21, 
1994. The VCAPCD adopted Rule 74.28 on May 10, 1994; Rule 74.21 on 
April 6, 1993; and Rules 71.5 and 71 on December 13, 1994. These 
submitted rules were found to be complete on January 3, 1995; September 
12, 1994; December 23, 1993; and March 10, 1995 pursuant to EPA's 
completeness criteria that are set forth in 40 CFR part 51 Appendix V 
4 and are being finalized for approval into the SIP.

    \4\ 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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    The submitted rules control VOC emissions from the operation of 
roofing kettles, the manufacture of semiconductors, and the use of 
glycol dehydrators. 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 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 2. 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. 

[[Page 7708]]

    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). There is no CTG 
applicable to any of the rules being considered in this notice. For 
source categories that do not have an applicable CTG (such as asphalt 
roofing operations, semiconductor manufacturing, or glycol 
dehydrators), 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. Further interpretations of EPA policy are found in the Blue 
Book, referred to in footnote 2. In general, these guidance documents 
have been set forth to ensure that VOC rules are fully enforceable and 
strengthen or maintain the SIP.
    MDAQMD's revised Rule 471, Asphalt Roofing Operations, includes the 
following significant changes from the current SIP version:
     Added definitions for eight (8) rule-specific terms.
     Deleted requirement that vapors emitted from roofing 
kettles be incinerated, filtered, or processed.
     Added requirement that roofing kettles be equipped with 
close fitting lids.
     Added temperature limits for material in kettles.
     Added procedures for roofing kettle draining operations.
     Added requirement for kettle vents.
     Specified method to determine compliance with the 
temperature limits.
    VCAPCD Rule 74.28, Asphalt Roofing Operations, is a new rule that 
requires the following:
     Close fitting lids for roofing kettles.
     Temperature limits for material in kettles.
     Procedures for roofing kettle draining operations.
    VCAPCD Rule 74.21, Semiconductor Manufacturing, is a new rule that 
requires the following:
     Freeboard ratio for solvent cleaning station reservoirs 
and sinks.
     The use of low VOC solvents outside solvent cleaning 
stations.
     Solvent cleaning methods.
     Two-year recordkeeping.
    VCAPCD Rule 71.5, Glycol Dehydrators, is a new rule that requires 
the following:
     The use of VOC control system on glycol regenerator vents.
     Two-year recordkeeping.
     Glycol dehydrator vent and vapor disposal system testing 
methods.
    VCAPCD Rule 71, Crude Oil and Reactive Organic Compound Liquids, 
was revised to include new definitions needed to enforce Rule 71.5.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, MDAQMD Rule 471, Asphalt Roofing Operations; VCAPCD Rule 
74.28, Asphalt Roofing Operations; VCAPCD Rule 74.21, Semiconductor 
Manufacturing; VCAPCD Rule 71.5, Glycol Dehydrators; and VCAPCD Rule 
71, Crude Oil and Reactive Organic Compound Liquids, are being approved 
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 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 29, 1996, unless, by April 1, 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 29, 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. Secs. 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 a 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. EPA, 427 U.S. 246, 256-66 (S. Ct. 
1976); 42 U.S.C. 7410 (a)(2).

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 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, 

[[Page 7709]]
Assistant Administrator for Air and Radiation. The Office of Management 
and Budget (OMB) has exempted this regulatory action from Executive 
Order 12866 review.

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: January 30, 1996.
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(c) is amended by adding paragraphs 
(194)(i)(A)(4), (198)(i)(J), (210)(i)(C)(2), and (215)(i)(B)(2) to read 
as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (194) * * *
    (i) * * *
    (A) * * *
    (4) Rule 74.21, adopted on April 6, 1993.
* * * * *
    (198) * * *
    (i) * * *
    (J) Ventura County Air Pollution Control District.
    (1) Rule 74.28, adopted on May 10, 1994.
* * * * *
    (210) * * *
    (i) * * *
    (C) * * *
    (2) Rule 471, adopted on December 21, 1994.
* * * * *
    (215) * * *
    (i) * * *
    (B) * * *
    (2) Rule 71 and Rule 71.5, adopted on December 13, 1994.
* * * * *
[FR Doc. 96-4570 Filed 2-28-96; 8:45 am]
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