[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: 94-23081]
[[Page Unknown]]
[Federal Register: September 16, 1994]
=======================================================================
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 79-1-6637a; FRL-5069-2]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Sacramento Metropolitan Air Quality
Management District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: EPA is taking direct final action on revisions to the
California State Implementation Plan (SIP). The revisions concern rules
from the Sacramento Metropolitan Air Quality Management District
(SMAQMD). The revised rules control VOC emissions from Architectural
Coatings, Leaks from Synthetic Organic Chemical and Polymer
Manufacturing, Storage of Petroleum Products, Organic Liquid Loading
and Can Coating. 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). In addition, the final action on these rules
serves as a final determination that the deficiencies in these rules
have been corrected and that on the effective date of this action, any
sanctions or Federal Implementation Plan (FIP) obligations are
permanently 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 final rule is effective on November 15, 1994 unless adverse
or critical comments are received by October 17, 1994. 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 SW.,
Washington, DC 20460
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 92123-1095
Sacramento Metropolitan Air Quality Management District, 8475 Jackson
Road, suite 230, Sacramento, CA 95826.
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: SMAQMD's
Rule 442, Architectural Coatings; Rule 443, Leaks from Synthetic
Organic Chemical and Polymer Manufacturing; Rule 446, Storage of
Petroleum Products; Rule 447, Organic Liquid Loadings; and Rule 452,
Can Coating. These rules were submitted by the California Air Resources
Board (CARB) to EPA on March 29, 1994.
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 Sacramento Metro Area.
43 FR 8964, 40 CFR 81.305. Because this area was 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. (40 CFR 52.222). On May 26, 1988,
EPA notified the Governor of California, pursuant to section 110(a)(2)
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(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. The Sacramento Metro Area is classified as
severe;\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 Sacramento Metro 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).
---------------------------------------------------------------------------
The State of California submitted many revised RACT rules for
incorporation into its SIP on March 29, 1994, including the rules being
acted on in this notice. This notice addresses EPA's direct-final
action for SMAQMD's Rule 442, Architectural Coatings; Rule 443, Leaks
from Synthetic Organic Chemical and Polymer Manufacturing; Rule 446,
Storage of Petroleum Products; Rule 447, Organic Liquid Loadings; and
Rule 452, Can Coating. The SMAQMD adopted these rules on November 16,
1993. These submitted rules were found to be complete on June 3, 1994
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.
---------------------------------------------------------------------------
\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 442 controls VOC emissions from all coatings applied to
stationary structures and their appurtenances, to mobile homes, to
pavements, or to curbs; Rule 443 limits emissions of VOCs from leaking
components at chemical plants that manufacture synthetic organic
chemicals and polymers; Rule 446 controls emissions of VOCs from
storage tanks for organic liquids with vapor pressures greater than 1.5
psia under actual storage conditions; Rule 447 controls VOC emissions
at loading facilities of organic liquids; and Rule 452 limits emissions
of VOCs from operations involved in coating of metal containers, coil
and cans. VOCs contribute to the production of ground level ozone and
smog. These rules were originally adopted as part of SMAQMD's effort 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). Rule 442
controls emissions from a source category for which EPA has not
developed a CTG. This rule was evaluated against the general RACT
requirements of the CAA (section 110 and Part D, 40 CFR Part 51),
``Issues relating to VOC Regulation Cutpoints, Deficiencies and
Deviations--Clarifications to Appendix D of November 24, 1987 Federal
Register'' May 25, 1988 (EPA's Blue Book), and other EPA policies
including the EPA Region IX/CARB document entitled: ``Guidance Document
for Correcting VOC Rule Deficiencies'', April 1991. Further
interpretations of EPA policy are found in the Blue Book, referred to
in footnote 1. The CTG applicable to Rule 443 is entitled ``Control of
Volatile Organic Compound Leaks from Synthetic Organic Chemical and
Polymer Manufacturing Equipment'', EPA-450/3-83-006; the CTGs
applicable to Rule 446 are entitled ``Control of Volatile Organic
Emissions from Storage of Petroleum Liquids in Fixed-Roof Tanks'', EPA-
450/2-77-036 and ``Control of Volatile Organic Emissions from Petroleum
Liquid Storage in External Floating Roof Tanks'', EPA-450/2-78-047; the
CTGs applicable to Rule 447 are entitled ``Control of Hydrocarbons from
Tank Truck Gasoline Loading Terminals'', EPA-450/2-77-026 and ``Control
of Volatile Organic Emissions from Bulk Gasoline Plants'', EPA-450/2-
77-035; and the CTG applicable to Rule 452 is entitled ``Control of
Volatile Organic Emissions from Stationary Sources--Volume II: Surface
Coating of Cans, Coils, Paper, Fabrics, Automobiles, and Light-Duty
Trucks'', EPA-450/2-77-008. In general, these guidance documents have
been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
SMAQMD's submitted rules include the following significant changes
from the current SIP:
Rule 442, Architectural Coatings
Removed the Air Pollution Control Officer's (APCO)
discretion in approving alternate test methods,
Added statement that results by any listed test method
showing non-compliance with any provision of the rule shall constitute
a violation of the rule,
Added new category for low solids stains.
Rule 443, Leaks from Synthetic Organic Chemical and Polymer
Manufacturing
Removed the APCO's discretion in approving alternate test
methods,
Added statement that results by any listed test method
showing non-compliance with any provision of the rule shall constitute
a violation of the rule,
Added clear reference to EPA's capture efficiency guidance
in 55 FR 26865, June 29, 1990.
Rule 446, Storage of Petroleum Products
Removed the APCO's discretion in approving alternate test
methods,
Added clear reference to EPA's capture efficiency guidance
in 55 FR 26865, June 29, 1990.
Rule 447, Organic Liquid Loading
Removed the APCO's discretion in approving alternate test
methods,
Added definition of exempt compounds.
Rule 452, Can Coating
Removed APCO's discretion in approving alternate test
methods,
Added statement that results by any listed test method
showing non-compliance with any provision of the rule shall constitute
a violation of the rule,
Added recordkeeping requirement when using an emission
control system.
EPA has evaluated the submitted rules and has determined that they
are consistent with the CAA, EPA regulations, and EPA policy.
Therefore, SMAQMD's Rule 442, Architectural Coatings; Rule 443, Leaks
from Synthetic Organic Chemical and Polymer Manufacturing; Rule 446,
Storage of Petroleum Products; Rule 447, Organic Liquid Loadings; and
Rule 452, Can Coating are being approved under section 110(k)(3) of the
CAA as meeting the requirements of section 110(a) and part D.
The final action on these rules serves as a final determination
that the deficiencies in these rules have been corrected. Therefore, if
this direct final action is not withdrawn, on November 15, 1994, any
sanction or Federal Implementation Plan Clock is stopped.
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 SIP 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 November 15, 1994, unless, by October 17, 1994, 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 November 15, 1994.
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).
The Office of Management and Budget 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: August 27, 1994.
Felicia Marcus,
Regional Administrator.
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 is amended by adding paragraphs (c)(196) to read
as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(196) New and amended regulations for the following APCDs were
submitted on March 29, 1994 by the Governor's designee.
(i) Incorporation by reference.
(A) Sacramento Metropolitan Air Quality Management District.
(1) Sacramento Metropolitan AQMD rules 442, 443, 446, 447, and 452
adopted on November 16, 1993.
* * * * *
[FR Doc. 94-23081 Filed 9-14-94; 10:27 am]
BILLING CODE 6560-50-P