[Federal Register Volume 61, Number 144 (Thursday, July 25, 1996)]
[Rules and Regulations]
[Pages 38571-38574]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-18935]


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ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 057-0009a; FRL-5527-6]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, Kern County Air Pollution Control 
District, Placer County Air Pollution Control District, Ventura County 
Air Pollution Control District, and San Joaquin Valley 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 following Districts: Kern County Air Pollution Control 
District (KNCAPCD), Placer County Air Pollution Control District 
(PLCAPCD), Ventura County Air Pollution Control District (VTCAPCD), and 
San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD). 
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 revised rules control VOC emissions from surface coating 
of metal parts and products, semiconductor manufacturing, fugitive 
emissions of reactive organic compounds (ROC) at petroleum refineries 
and chemical plants, polyester resin material operations, and 
decontamination of soil. 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 September 23, 1996 unless adverse or 
critical comments are received by August 26, 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 92123-1095
Kern County Air Pollution Control District, 2700 ``M'' Street, Suite 
290, Bakersfield, CA 93301
Placer County Air Pollution Control District, 11464 B Avenue, Auburn, 
CA 95603
Ventura County Air Pollution Control District, 669 County Square Drive, 
Ventura, CA 93003
San Joaquin Valley Unified Air Pollution Control District, 1999 
Tuolumne Street, Suite 200, Fresno, CA 93721

FOR FURTHER INFORMATION CONTACT: Daniel A. Meer, Chief, 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) 744-1185.

SUPPLEMENTARY INFORMATION:

Applicability

    The rules being approved into the California SIP include: KNCAPCD's 
Rule 410.4, Surface Coating of Metal Parts and Products; PLCAPCD's Rule 
244, Semiconductor Manufacturing Operations; VTCAPCD's Rules 74.7, 
Fugitive Emissions of Reactive Organic Compounds (ROC) at Petroleum 
Refineries and Chemical Plants, and 74.14, Polyester Resin Material 
Operations; and SJVUAPCD's Rule 4651, Volatile Organic Compound 
Emissions from Decontamination of Soil. These rules were submitted by 
the California Air Resources Board (CARB) to EPA on May 25, 1995 
(410.4), May 24, 1995 (244), March 26, 1996 (74.7), September 14, 1992 
(74.14), and December 22, 1994 (4651).

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 San Joaquin Valley Air 
Basin, Ventura County and the Sacramento Metro Area, which includes a 
portion of Placer County. 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

[[Page 38572]]

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.
    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. Ventura County and the Sacramento Metro Area are 
classified as severe, the San Joaquin Valley Air Basin and all of Kern 
County is classified as serious, therefore, these areas were subject to 
the RACT fix-up requirement and the May 15, 1991 deadline. However, the 
Southeast Desert Air Basin portion of Kern County was not a pre-
amendment nonattainment area and, therefore was not designated and 
classified upon enactment of the amended Act. For this reason, KCAPCD 
is not subject to section 182(a)(2)(A) RACT fix-up requirement. The 
KCAPCD is, however, still subject to the requirements of EPA's SIP-Call 
because the SIP-Call included all of Kern County.2
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    \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\ Ventura County, the Sacramento Metro Area and the San 
Joaquin Valley Air Basin retained their designation 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. The Southeast 
Desert Airbasin portion of the KCAPCD was designated nonattainment 
on November 6, 1991. See 56 FR 56694 (November 6, 1991). However on 
April 25, 1995, EPA published a final rule granting the State's 
request to reclassify the Sacramento Metro Area to severe from 
serious (60 CFR 20237). This reclassification became effective on 
June 1, 1995.
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    The State of California submitted many revised RACT rules for 
incorporation into its SIP on September 14, 1992, December 22, 1994, 
May 24, 1995, May 25, 1995, and March 26, 1996, including the rules 
being acted on in this document. This document addresses EPA's direct-
final action for KNCAPCD's Rule 410.4, Surface Coating of Metal Parts 
and Products; PLCAPCD's Rule 244, Semiconductor Manufacturing 
Operations; VTCAPCD's Rules 74.7, Fugitive Emissions of Reactive 
Organic Compounds (ROC) at Petroleum Refineries and Chemical Plants, 
and 74.14, Polyester Resin Material Operations; and SJVUAPCD's Rule 
4651, Volatile Organic Compound Emissions from Decontamination of Soil. 
KNCAPCD adopted Rule 410.4 on April 6, 1995, PLCAPCD adopted Rule 244 
on February 9, 1995, VTCAPCD adopted Rules 74.7 on October 10, 1995, 
74.14 on May 26, 1992, and SJVUAPCD adopted Rule 4651 on December 17, 
1992. These submitted rules were found to be complete on November 20, 
1992 (74.14), January 3, 1995 (4651), July 24, 1995 (410.4 and 244), 
and May 15, 1996, (74.7) 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.
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    \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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    These rules control VOC emissions from surface coating of metal 
parts and products, semiconductor manufacturing, polyester resin 
material operations, marine coatings, soil decontamination and fugitive 
ROC emissions at petroleum refineries and chemical plants. VOCs and 
ROCs contribute to the production of ground level ozone and smog. These 
rules were originally adopted as part of the efforts of these air 
pollution control districts 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 KNCAPCD's Rule 410.4 is entitled: ``Control of Volatile 
Organic Emissions from Existing Stationary Sources-- Volume VI: Surface 
Coating of Miscellaneous Metal Parts and Products'', (EPA-450/2-015). 
The CTG applicable to VTCAPCD's Rule 74.7 is entitled: ``Control of 
Volatile Organic Compound Leaks from Synthetic Organic Chemical and 
Polymer Manufacturing Equipment'', (EPA-450/3-83-006). PLCAPCD's Rule 
244, VTCAPCD's Rule 74.14, and SJVUAPCD's Rule 4651 control emissions 
from source categories for which EPA has not issued CTGs. Accordingly 
these rules were evaluated for consistency with the general RACT 
requirements of the Clean Air Act (CAA Section 110 and part D). 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.
    KNCAPCD's submitted Rule 410.4, Surface Coating of Metal Parts and 
Products, is a revised rule which includes the following significant 
changes from the current SIP:
     Clarified definitions,
     Lower VOC limits for baked extreme performance and for 
both baked and air-dried pretreatment wash primer coatings,
     A capture efficiency requirement of at least 85% and a 
control efficiency requirement of 90%,
     New VOC limits and vapor pressure requirements for solvent 
usage,
     New prohibitions of sale and specifications
     Record keeping provisions that require daily records, as 
well as more specific information about the coating applied,
     New test methods.
    PLCAPCD's Rule 244, Semiconductor Manufacturing Operations, is a 
new rule

[[Page 38573]]

which includes the following significant provisions:
     A requirement that all precursor VOCs from solvent 
cleaning stations be vented to control devices that reduce the total 
emissions by at least 90% by weight,
     In lieu of the above, a requirement that solvent cleaning 
stations be equipped with full covers, and a definition of freeboard 
ratio for solvent cleaning station sinks/reservoirs,
     A requirement that all precursor VOC emissions from 
negative photoresist operations be vented to control devices that 
reduce total emissions by at least 90% by weight,
     A list of test methods and record keeping requirements.
    VTCAPCD's Rule 74.7, Fugitive Emissions of Reactive Organic 
Compounds (ROC) at Petroleum Refineries and Chemical Plants, is a 
revised rule which includes the following significant changes from the 
SIP:
     The applicability of the rule was expanded to include 
additional chemical plants,
     The definition section has been expanded,
     The operations requirement section was broadened,
     New inspection requirements were added,
     The repair requirements were revised,
     The Operator Management Plan was amended to reflect the 
new requirement and exemptions in the rule,
     The recordkeeping and reporting requirements were revised.
    VTCAPCD's Rule 74.14, Polyester Resin Material Operations, is a new 
rule which includes the following significant provisions:
     Limits the ROC loss rate during resin polymerization to 60 
grams per square meter of exposed area,
     Limits the monomer content of specialty and non-specialty, 
clear and pigmented gel coats, or requires the use of a closed mold 
system,
     Requires specified transfer efficient application methods,
     Limits ROC content of clean-up solvents,
     Add-on control equipment is specified when using non-
compliant resin material,
     When compliant resin materials are used, records may be 
kept at weekly intervals, but daily records are required when using 
non-compliant resin material and/or an add-on control system,
     Test methods are included to verify rule compliance. 
SJVUAPCD's Rule 4651, Volatile Organic Compound Emissions from 
Decontamination of Soil, is a new rule which includes the following 
significant provisions:
     A definition of contaminated soil,
     An exemption for soil quantities of less than one cubic 
yard,
     A definition of the conditions allowing limited aeration,
     The requirements for decontamination systems,
     Test methods to be employed, and soil sampling procedures 
to be followed to verify compliance.
    EPA has evaluated the submitted rules and has determined that they 
are consistent with the CAA, EPA regulations, and EPA policy. 
Therefore, KNCAPCD's Rule 410.4, Surface Coating of Metal Parts and 
Products; PLCAPCD's Rule 244, Semiconductor Manufacturing Operations; 
VTCAPCD's Rules 74.7, Fugitive Emissions of Reactive Organic Compounds 
(ROC) at Petroleum Refineries and Chemical Plants; 74.14, Polyester 
Resin Material Operations; and SJVUAPCD's Rule 4651, Volatile Organic 
Compound Emissions from Decontamination of Soils 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 September 23, 1996, unless, by August 26, 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 September 23, 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 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. 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

[[Page 38574]]

million or more to State, local, or tribal governments in the aggregate 
or to the private sector.

Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedure Act 
(APA) as amended by the Small Business Regulatory Enforcement Fairness 
Act of 1996, EPA submitted a report containing this rule and other 
required information to the U.S. Senate, the U.S. House of 
Representatives and the Comptroller General of the General Accounting 
Office prior to publication of this rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.
    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 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: June 17, 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:

Subpart F--California

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

    2. Section 52.220 is amended by adding paragraphs 
(c)(189)(i)(B)(3), (210)(i)(E), (220)(i)(B)(3), (221)(i)(A)(2), (229) 
and (230) to read as follows:


Sec. 52.220  Identification of plan.

* * * * *
    (c) * * *
    (189) * * *
    (i) * * *
    (B) * * *
    (3) Rule 74.14, adopted on May 26, 1992.
* * * * *
    (210) * * *
    (i) * * *
    (E) San Joaquin Valley Unified Air Pollution Control District.
    (1) Rule 4651, adopted on December 17, 1992.
* * * * *
    (220) * * *
    (i) * * *
    (B) * * *
    (3) Rule 244, adopted on February 9, 1995.
* * * * *
    (221) * * *
    (i) * * *
    (A) * * *
    (2) Rule 410.4, adopted on April 6, 1995.
* * * * *
    (229) (Reserved)
    (230) New and amended regulations for the following APCDs were 
submitted on March 26, 1996, by the Governors designee.
    (i) Incorporation by reference.
    (A) Ventura County Air Pollution Control District.
    (1) Rule 74.7, adopted on October 10, 1995.
* * * * *
[FR Doc. 96-18935 Filed 7-24-96; 8:45 am]
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