[Federal Register Volume 62, Number 197 (Friday, October 10, 1997)]
[Proposed Rules]
[Pages 52959-52961]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-26856]


=======================================================================
-----------------------------------------------------------------------

ENVIRONMENTAL PROTECTION AGENCY

40 CFR Part 52

[CA 198-0056; FRL-5907-3]


Approval and Promulgation of Implementation Plans; California 
State Implementation Plan Revision, San Diego County Air Pollution 
Control District

AGENCY: Environmental Protection Agency (EPA).

ACTION: Proposed rule.

-----------------------------------------------------------------------

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 kelp processing and bio-polymer 
manufacturing operations.
    The intended effect of proposing approval of this rule 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 
will incorporate this rule into the federally approved SIP. In 
addition, final action on this rule will serve as a final determination 
that deficiencies in the rule (identified by EPA in a limited approval/
limited disapproval action on February 14, 1996) have been corrected 
and that any sanctions or Federal Implementation Plan (FIP) obligations 
are permanently stopped. An Interim Final Determination published in 
today's Federal Register will defer the imposition of sanctions until 
EPA takes final action. EPA has evaluated the rule and is proposing to 
approve the rule 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 November 10, 1997.

ADDRESSES: Comments may be mailed to: Andrew Steckel, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901.
    Copies of the rule and EPA's evaluation report of the rule are 
available for public inspection at EPA's Region 9 office during normal 
business hours. Copies of the submitted rule are also available for 
inspection at the following locations:

San Diego County Air Pollution Control District, 9150 Chesapeake Drive, 
San Diego, CA 92123-1096
California Air Resources Board, Stationary Source Division, Rule 
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95814.

FOR FURTHER INFORMATION CONTACT: Patricia A. Bowlin, Rulemaking Office 
(AIR-4), Air Division, U.S. Environmental Protection Agency, Region IX, 
75 Hawthorne Street, San Francisco, CA 94105-3901, (415) 744-1188.

SUPPLEMENTARY INFORMATION:

I. Applicability

    The rule being proposed for approval into the California SIP is San 
Diego County Air Pollution Control District (SDCAPCD) Rule 67.10, Kelp 
Processing and Bio-Polymer Manufacturing Operations. This rule was 
submitted by the California Air Resources Board (CARB) to EPA on August 
1, 1997.

II. 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 Diego 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 pre-amended

[[Page 52960]]

Act, that the SDCAPCD'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. 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. San Diego Area is classified as Serious 
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 Diego 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 56 FR 56694 
(November 6, 1991). The San Diego Area was reclassified from Severe-
15 to Serious on January 19, 1995, 60 FR 3771.
---------------------------------------------------------------------------

    The State of California submitted many revised RACT rules for 
incorporation into its SIP on August 1, 1997, including the rule being 
acted on in this document. This document addresses EPA's proposed 
action for SDCAPCD Rule 67.10, Kelp Processing and Bio-Polymer 
Manufacturing Operations. SDCAPCD adopted Rule 67.10 on June 25, 1997. 
This submitted rule was found to be complete on September 30, 1997 
pursuant to EPA's completeness criteria that are set forth in 40 CFR 
part 51 Appendix V 3 and is 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 67.10 controls the emissions of VOCs from kelp processing and 
bio-polymer manufacturing operations. VOCs contribute to the production 
of ground-level ozone and smog. The rule was adopted as part of 
SDCAPCD'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 the rule.

III. 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 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). For source 
categories that do not have an applicable CTG (such as kelp processing 
and bio-polymer manufacturing operations), 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. Within the SDCAPCD there is only one 
facility that performs kelp processing and bio-polymer manufacturing 
operations. For this source category, the RACT determination required 
an evaluation of the manufacturing process and the emissions specific 
to this facility. The evaluation also considered the technological and 
economic feasibility of proposed controls at individual emission 
points.
    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.
    On February 14, 1996, EPA published a limited approval and a 
limited disapproval of a version of Rule 67.10 that had been adopted by 
SDCAPCD on June 15, 1994. The limited approval action incorporated this 
version of Rule 67.10 into the SIP. SDCAPCD's submitted Rule 67.10, 
Kelp Processing and Bio-Polymer Manufacturing Operations, includes the 
following significant changes from the current SIP:
     Deletes the exemption for any VOC with a normal boiling 
point of 185 deg.C or greater.
     Deletes provision allowing fugitive liquid leaks from 
incorporators to contain up to 50% VOC by weight.
     Increases records retention period from two to five years.
     Deletes restriction that test periods shorter than 16 
hours cannot be used to determine non-compliance.
     Requires 90% reduction VOC emissions from dryers in kelp 
processing lines where PG is being emitted.
     Requires 80% reduction of VOC emissions from 
incorporators.
     Adds EPA-approved capture efficiency test method protocol.
     Requires monthly visual inspection of system components to 
ensure absence of fugitive liquid leaks.
    EPA has evaluated the submitted rule and has determined that it is 
consistent with the CAA, EPA regulations, and EPA policy. Therefore, 
SDCAPCD Rule 67.10, Kelp Processing and Bio-Polymer Manufacturing 
Operations is 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.

IV. Administrative Requirements

A. Executive Order 12866

    The Office of Management and Budget (OMB) has exempted this 
regulatory action from E.O. 12866 review.

B. Regulatory Flexibility Act

    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

[[Page 52961]]

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 section 110 and subchapter I, part D of the 
Clean Air Act 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, the 
Administrator certifies 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 flexibility 
analysis would constitute Federal inquiry into the economic 
reasonableness of state action. The Clean Air Act forbids EPA to base 
its actions concerning SIPs on such grounds. Union Electric Co. v. U.S. 
EPA, 427 U.S. 246, 255-66 (1976); 42 U.S.C. 7410(a)(2).

C. Unfunded Mandates

    Under section 202 of the Unfunded Mandates Reform Act of 1995 
(``Unfunded Mandates Act''), signed into law on March 22, 1995, EPA 
must prepare a budgetary impact statement to accompany any proposed or 
final rule that includes a Federal mandate that may result in estimated 
costs to State, local, or tribal governments in the aggregate; or to 
private sector, of $100 million or more. Under section 205, EPA must 
select the most cost-effective and least burdensome alternative that 
achieves the objectives of the rule and is consistent with statutory 
requirements. Section 203 requires EPA to establish a plan for 
informing and advising any small governments that may be significantly 
or uniquely impacted by the rule.
    EPA has determined that the approval action proposed does not 
include a Federal mandate that may result in estimated costs of $100 
million or more to either State, local, or tribal governments in the 
aggregate, or to the private sector. This Federal action approves pre-
existing requirements under State or local law, and imposes no new 
Federal requirements. Accordingly, no additional costs to State, local, 
or tribal governments, or to the private sector, result from this 
action.

D. Submission to Congress and the General Accounting Office

    Under section 801(a)(1)(A) of the Administrative Procedures 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 the rule in today's Federal Register. 
This rule is not a ``major rule'' as defined by section 804(2) of the 
APA as amended.

List of Subjects in 40 CFR Part 52

    Environmental protection, Air pollution control, Hydrocarbons, 
Intergovernmental relations, Ozone, Reporting and recordkeeping 
requirements, Volatile organic compounds.

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

    Dated: October 1, 1997.
Harry Seraydarian,
Acting Regional Administrator.
[FR Doc. 97-26856 Filed 10-9-97; 8:45 am]
BILLING CODE 6560-50-P