[Federal Register Volume 59, Number 179 (Friday, September 16, 1994)] [Unknown Section] [Page 0] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 94-23024] [[Page Unknown]] [Federal Register: September 16, 1994] ======================================================================= ----------------------------------------------------------------------- ENVIRONMENTAL PROTECTION AGENCY 40 CFR Part 52 [CA 71-5-6392; FRL-50723] Approval and Promulgation of Implementation Plans; California State Implementation Plan Revisions; San Joaquin Valley Unified Air Pollution Control District, et al. AGENCY: Environmental Protection Agency (EPA). ACTION: Notice of proposed rulemaking. ----------------------------------------------------------------------- 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 surface coasting of metal parts and products. The intended effect of proposing approval of these rules 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 on this notice of proposed rulemaking (NPRM) will incorporate these rules into the federally approved SIP. EPA has evaluated each of these rules and is proposing to approve them 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 October 17, 1994. ADDRESSES: Comments may be mailed to: Daniel A. Meer, Rulemaking Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection Agency, Region IX, 75 Hawthorne Street San Francisco, CA 94105. Copies of the rule revisions and EPA's evaluation report of each rule are available for public inspection at EPA's Region 9 office during normal business hours. Copies of the submitted rule revisions are also available for inspection at the following locations: California Air Resources Board, Stationary Source Division, Rule Evaluation Section, 2020 L Street, Sacramento, CA 95814. San Joaquin Valley Unified Air Pollution Control District, 1999 Tuolumne Street, suite 200, Fresno, CA 93721. Kern County Air Pollution Control District, 2700 M Street, Suite 290, Bakersfield, CA 93301. 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: Background On March 3, 1778, 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 following eight air pollution control districts (APCDs): Fresno County APCD, Kern County APCD,\1\ Kings County APCD, Madera County APCD, Merced County APCD, San Joaquin County APCD, Stanislaus County APCD, and Tulare County APCD. 43 FR 8964, 40 CFR 81.305. Because some of these areas were 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.\2\ On May 26, 1988, EPA notified the Governor of California, pursuant to section 110(a)(2)(H) of the pre-amended 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. Public Law 101-549, 104 Stat. 2399, codified at 42 U.S.C. 7401-7671q. In amend 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\At that time, Kern County included portions of two air basins: the San Joaquin Valley Air Basin and the Southeast Desert Air Basin. The San Joaquin Valley Air Basin portion of Kern County was designated as nonattainment, and the Southeast Desert air Basin portion of Kern County was designated as unclassified. See 40 CFR 81.305 (1991). \2\This extension was not requested for the following counties: Kern, Kings, Madera, Merced and Tulare. Thus, the attainment date for these counties remained December 31, 1982. --------------------------------------------------------------------------- On March 20, 1991, the San Joaquin Valley Unified Air Pollution Control District (SJVUAPCD) was formed. The SJVUAPCD has authority over the San Joaquin Valley Air Basin which includes all of the above eight counties except for the Southeast Desert Air Basin portion of Kern County. Thus, Country Air Pollution Control District (KCAPCD) still exists, but only has authority over the Southeast Desert Air Basin portion of Kern County. 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-amended guidance.\3\ EPA's SIP-Call used that guidance to indicate the necessary corrections for specific nonattainment areas. APCDs found in the San Joaquin Valley Basin (now collectively known as the SJVUAPCD) are classified as serious;\4\ therefore, these areas were subject to the RACT fix-up requirement and the May 15, 1991 deadline. KCAPCD was subject to EPA's SIP-Call, but was not subject to the RACT fix-up requirement and the May 15, 1991 deadline.\5\ --------------------------------------------------------------------------- \3\Among other things, the pre-amended 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). \4\The San Joaquin Valley Air basin retained its designation and was classified by operation of law pursuant to section 107(d) and section 181(a) upon the date of enactment of the CAA. See 56 FR 56694 (November 6, 1991). \5\KCAPCD was not subject to the RACT fix-up requirement and the May 15, 1991 deadline because the Southeast Desert Air Basin portion of Kern County was not a pre-enactment nonattainment area, and thus, was not automatically designated nonattainment on the date of enactment of the Clean Air Act Amendments of 1990. (See sections 107(d) and 182(a)(2)(A) of the Clean Air Act Amendments of 1990.) However, the KCAPCD is still subject to the requirements of EPA's SIP-Call because the SIP-Call included all of Kern County. the substantive requirements of the SIP-Call are the same as those of the statutory RACT fix-up requirement. --------------------------------------------------------------------------- The State of California submitted many revised RACT rules for incorporation into its SIP on May 30, 1991, including the rules being acted on in this document. This document addresses EPA's proposed action for SJVUAPCD Rule 4603, Surface Coating of Metal parts and Products and KCAPCD Rule 410.4, Surface Coating of Metal Parts and Products. SJVUAPCD adopted Rule 4603 on May 20, 1993 and KCAPCD adopted Rule 410.4 on July 12, 1993. These submitted rules were found to be complete on December 23, 1993 pursuant to EPA's completeness criteria that are set forth in 40 CFR part 51 appendix V\6\ and are being proposed for approval into the SIP. --------------------------------------------------------------------------- \6\EPA adopted 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 (See 56 FR 42216). --------------------------------------------------------------------------- Both rules control the emission of VOCs from the surface coating of metal parts and products. 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)(20(A) CAA requirement. The following is EPA's evaluation and proposed action for these two rules. 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 3. 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 Rules 4603 and 410.4 is entitled, Control of Volatile Organic Emissions from Existing Stationary Sources--Volume VI: Surface Coating of Miscellaneous Metal Parts and Products., EPA document # EPA-450/2-78-015. Further interpretations of EPA policy are found in the Blue Book, referred to in footnote 3. In general, these guidance documents have been set forth to ensure that VOC rules are fully enforceable and strengthen or maintain the SIP. SJVUAPCD's submitted Rule 4603 will replace the existing surface coating of metal parts and products rules of the eight APCDs of the SJVUAPCD and KCAPCD's submitted Rule 410.4 will replace the existing rule for the southeast desert portion of Kern County. Both rules were adopted to control emissions from surface coating of metal parts and products through regulation of VOC content in coatings, storage and cleanup requirements, and other administrative procedures. SJVUAPCD Rule 4603 includes the following revisions from the current SIP rules:Reduction of VOC limits for specialty coatings to 420 grams per liter for consistency with the CTG; Revision downward to 15 pounds per day or less (existing rules allow up to 50 pounds per day) of VOC emissions that a facility may emit and be exempt from this rule; Addition of VOC standards for specialty coatings; Revision of the calculation of grams of VOC per liter of coating applied and grams of VOC per liter of material to include subtraction of exempt compounds and water; Addition of and requirements; Specification of test methods to be used for compliance determination; Addition of surface preparation and cleanup provisions; Deletion of provision allowing alternative emission control requirements as approved by the executive officer; Deletion of transfer efficiency requirement. KCAPCD Rule 410.4 includes the following revisions from the current SIP rule: Revision of several definitions for consistency with EPA requirements; Reduction of VOC limits for specialty coatings to 420 grams of VOC per liter of coating; Labelling requirements have been amended to incorporate language suggested by EPA; The language in the and section has been revised to clarify and requirements and to include and for add-on control equipment; The compliance schedule was updated. EPA has evaluated the two submitted rules and has determined that they are consistent with the CAA, EPA, regulations, and EPA policy. Therefore, SJVUAPCD Rule 4603 and KCAPCD Rule 410.4 are 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 further 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. 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 and 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, 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. Unions Electric Co. v. U.S. E.P.A., 427 U.S. 246, 256-66 (S.Ct. 1976); 42 U.S.C. 7410(a)(2). The 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, Intergovernmental relations, Ozone, Reporting and requirements. Authority: 42 U.S.C. 7401-7671q. Dated: September 6, 1994. John C. Wise, Acting Regional Administrator. [FR Doc. 94-23024 Filed 9-15-94; 8:45 am] BILLING CODE 6560-50-M