[Federal Register Volume 59, Number 8 (Wednesday, January 12, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-761]
[[Page Unknown]]
[Federal Register: January 12, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-46-3-6054; FRL-4825-7]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; Sacramento Metropolitan Air Quality
Management District; Santa Barbara County Air Pollution Control
District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Notice of proposed rulemaking.
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SUMMARY: EPA is proposing to approve revisions to the California State
Implementation Plan (SIP) adopted by the Sacramento Metropolitan Air
Quality Management District (SMAQMD) on February 23, 1993, and by the
Santa Barbara County Air Pollution Control District (SBCAPCD) on
December 10, 1991. The California Air Resources Board (CARB) submitted
these revisions to EPA on April 6, 1993, and June 19, 1992,
respectively. The revisions concern SMAQMD's Rule 454, Degreasing
Operations, and SBCAPCD's Rule 331, Fugitive Emissions Inspection and
Maintenance. SMAQMD's Rule 454 controls volatile organic compound (VOC)
emissions from metal parts cleaning procedures, while SBCAPCD's Rule
331 controls VOC emissions from equipment leaks at sources such as
petroleum refineries. The intended effect of proposing approval of
these rules is to regulate emissions of VOCs in accordance with
therequirements of the Clean Air Act, as amended in 1990 (CAA or the
Act). EPA's final action on this notice of proposed rulemaking (NPR)
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 February 11, 1994.
ADDRESSES: Comments may be mailed to: Daniel A. Meer, Chief, Rulemaking
Section (A-5-3), Air and Toxics Division, U.S. Environmental Protection
Agency, Region 9, 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, 2020 L.
Street, Sacramento, CA 95814.
Sacramento Metropolitan Air Quality Management District, 8411
Jackson Road, Sacramento, CA 95826.
Santa Barbara County Air Pollution Control District, 26 Castilian
Drive, B-23, Goleta, CA 93117.
FOR FURTHER INFORMATION CONTACT: William Davis, Rulemaking Section (A-
5-3), Air and Toxics Division, U.S. Environmental Protection Agency,
Region 9, 75 Hawthorne Street, San Francisco, CA 94105, Telephone:
(415) 744-1183.
SUPPLEMENTARY INFORMATION:
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 Sacramento Metro Area
and Santa Barbara County. 43 FR 8964, 40 CFR 81.305. Because 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. 40 CFR
52.238. 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 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-amendmentguidance.1 EPA's SIP-Call used that
guidance to indicate the necessary corrections for specific
nonattainment areas. The Sacramento Metro Area is classified as serious
and Santa Barbara County is classified as moderate2; therefore,
these areas were subject to the RACT fix-up requirement and the May 15,
1991 deadline.
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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\ The Sacramento Metro Area and Santa Barbara County 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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On June 22, 1991, EPA, Region 9, notified the State of California
that EPA had not received by the May 15, 1991 deadline all required VOC
rule corrections under section 182(a)(2)(A) of the CAA. The finding
letter identified six districts in California, including SMAQMD and
SBCAPCD, that had failed to submit required rule corrections. The
official finding notice was published in the Federal Register on
October 22, 1991 (56 FR 54554). SMAQMD's Rule 454 and SBCAPCD's Rule
331 were listed in that finding notice. As a result, both SMAQMD and
SBCAPCD had 18 months to submit the rules to EPA before a sanction
under section 179(a) of the Act would be imposed.
The State of California submitted many revised RACT rules for
incorporation into its SIP on April 6, 1993 and June 19, 1992,
including the rules being acted on in this document. This document
addresses EPA's proposed action for SMAQMD's Rule 454, Degreasing
Operations, and SBCAPCD's Rule 331, Fugitive Emissions Inspection and
Maintenance. SMAQMD's submitted Rule 454 and SBCAPCD's Rule 331 were
found to be complete on April 28, 1993 and August 27, 1992,
respectively, pursuant to EPA's completeness criteria that are set
forth in 40 CFR part 51, appendix V3, and both rules are being
proposed for approval into the SIP. The State's complete submittal of
SMAQMD's Rule 454 and SBCAPCD's Rule 331 satisfies the deficiency for
which the finding of nonsubmittal, dated October 22, 1991, was made and
stopped the sanction clock.
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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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SMAQMD's Rule 454 controls VOC emissions from equipment used to
clean (degrease) metal parts, while SBCAPCD's Rule 331 controls leaks
of VOCs from equipment used in petroleum refining and associated
operations. 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 proposed action for
these 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's 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 SMAQMD's Rule 454 is entitled, ``Control of Volatile
Organic Emissions from Solvent Metal Cleaning,'' EPA-450/2-77-022. The
CTG applicable to SBCAPCD's Rule 331 is entitled, ``Control of Volatile
Organic Compound Leaks from Petroleum Refinery Equipment,'' EPA-450/2-
78-036. 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.
SMAQMD's submitted Rule 454, Degreasing Operations, includes the
following significant changes from the current SIP:
1. The definition section has been expanded by 13 terms, which
helps to clarify the rule and makes it easier to enforce.
2. The applicability of the rule to solvents is now based on the
initial boiling point rather than on solvent vapor pressure.
3. Control Officer discretion for the use of unspecified control
equipment has been deleted.
4. The overall (capture and control) efficiency of control
equipment has been set at not less than 85%.
5. Records for solvent usage amounts and for maintenance are now
required, making the rule more enforceable.
6. Test methods for determining compliance, not identified in the
existing SIP rule, are now specified.
SBCAPCD's submitted Rule 331, Fugitive Emissions Inspection and
Maintenance, includes the following significant changes from the
current SIP:
1. The definition section has been expanded by 28 terms, which
helps to clarify the rule and makes it easier to enforce.
2. The rule now requires replacement of components that require
five or more repairs in one year.
3. The rule now specifies that major leaks (as defined in the rule)
be fixed within 5 calendar days, minor leaks within 15 days, and liquid
leaks within 24 hours. Also, the leaking component must be tightened
(minimized) within one hour of discovery of the leak.
4. Recordkeeping requirements have been expanded to include not
only tags on equipment, but diagrams of component location, inspection
logs, and maintenance records.
5. The rule has been significantly strengthened by the
identification of test methods to use to determine compliance.
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 454, Degreasing Operations, and SBCAPCD's Rule
331, Fugitive Emissions Inspection and Maintenance, 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 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.
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 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, 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).
This action has been classified as a Table 2 action by the Regional
Administrator under the procedures published in the Federal Register on
January 19, 1989 (54 FR 2214-2225). On January 6, 1989, the Office of
Management and Budget (OMB) waived Table 2 and Table 3 SIP revisions
(54 FR 2222) from the requirements of section 3 of Executive Order
12291 for a period of two years. EPA has submitted a request for a
permanent waiver for Table 2 and Table 3 SIP revisions. OMB has agreed
to continue the waiver until such time as it rules on EPA's request.
This request continues in effect under Executive Order 12866 which
superseded Executive Order 12291 on September 30, 1993.
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Hydrocarbons,
Intergovernmental relations, Ozone, Reporting and recordkeeping
requirements.
Authority: 42 U.S.C. 7401-7671q.
Dated: December 30, 1993.
Felicia Marcus,
Regional Administrator.
[FR Doc. 94-761 Filed 1-11-94; 8:45 am]
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