[Federal Register Volume 59, Number 11 (Tuesday, January 18, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-1059]
[[Page Unknown]]
[Federal Register: January 18, 1994]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA-14-5-5756; FRL-4822-3]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision; San Joaquin Valley Unified Air
Pollution Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Final rule.
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SUMMARY: EPA is finalizing the approval of revisions to the California
State Implementation Plan (SIP) proposed in the Federal Register on
September 2, 1992. The revisions concern rules from the San Joaquin
Valley Unified Air Pollution Control District (SJVUAPCD) which is
comprised of the following eight air pollution control districts
(APCDs): Fresno County APCD, Kern County APCD, Kings County APCD,
Madera County APCD, Merced County APCD, San Joaquin County APCD,
Stanislaus County APCD, and Tulare County APCD. 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 vegetable oil processing and from can
and coil coating operations. 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.
EFFECTIVE DATE: This action is effective on February 17, 1994.
ADDRESSEES: 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 II (A-5-3), Air and Toxics Division, U.S.
Environmental Protection Agency, Region IX, 75 Hawthorne Street, San
Francisco, CA 94105.
Jerry Kurtzweg ANR-443, Environmental Protection Agency, 401 ``M''
Street, SW., Washington, DC 20460.
California Air Resources Board, Stationary Source Division, Rule
Evaluation Section, 2020 ``L'' Street, Sacramento, CA 95812.
San Joaquin Valley Unified Air Pollution Control District, 1745 West
Shaw, Suite 104, Fresno, CA 93711.
FOR FURTHER INFORMATION CONTACT: Chris Stamos, Rulemaking Section II
(A-5-3), Air and Toxics Division, U.S. Environmental Protection Agency,
Region IX, 75 Hawthorne Street, San Francisco, CA 94105. Telephone:
(415) 744-1187.
SUPPLEMENTARY INFORMATION:
Background
On September 2, 1992 at 57 FR 40157, EPA proposed to approve the
following rules into the California SIP: SJVUAPCD Rule 461.2, Vegetable
Oil Processing Operations, and SJVUAPCD Rule 460.4, Can and Coil
Coating Operations. Rule 461.2 was adopted by SJVUAPCD on April 11,
1991; and Rule 460.4 was adopted by SJVUAPCD September 19, 1991. The
rules were submitted by the California Air Resources Board (CARB) to
EPA on May 30, 1991 and January 28, 1992 respectively. The rules were
submitted in response to EPA's 1988 SIP-Call and the CAA section
182(a)(2)(A) requirement that nonattainment areas fix their reasonably
available control technology (RACT) rules for ozone in accordance with
EPA guidance that interpreted the requirements of the pre-amendment
Act. A detailed discussion of the background for each of the above
rules and nonattainment areas is provided in the NPR cited above.
EPA has evaluated the above rules for consistency with the
requirements of the CAA and EPA regulations and EPA interpretation of
these requirements as expressed in the various EPA policy guidance
documents referenced in the NPR cited above. EPA has found that the
rules meet the applicable EPA requirements. A detailed discussion of
the rule provisions and evaluations has been provided at 57 FR 40157
and in technical support documents (TSDs) available at EPA's Region IX
office (TSDs for Rule 461.2 and 460.4 dated April 30, 1992 and March
12, 1992 respectively).
Response to Comments
A 30-day public comment period was provided at 57 FR 40157. EPA
received no comments on rule 460.4. EPA received comments on rule 461.2
from three sources: (1) The National Cottonseed Products Association
(``NCPA''); (2) the J.G. Boswell Company (``Boswell''); and (3) the
Institute of Shortening and Edible Oils, Inc (``Institute''). All three
commented on SJVUAPCD's definition of volatile organic compounds
(``VOCs'')--suggesting that the definition not include vegetable oil
emissions. In addition, the NCPA and Institute also recommmended that
SJVUAPCD rule 461.2 specify performance standards or emissions limits
rather than specific equipment for RACT controls.
The comments are discussed below.
1. Definition of VOC
Summary of comments: Rule 461.2 defines VOC as ``any compound
containing at least one atom of carbon except for the following exempt
compounds.'' Vegetable oil is not listed as an exempt compound. The
comments stated that the rule should exempt vegetable oil from the
definition of VOC because of its low volatility and because the EPA has
determined that vegetable oil should not be considered a VOC under EPA
test methods.
Responses: (1) Rule 461.2 does not specify RACT for controlling VOC
emissions from vegetable oil; rather, the purpose of the rule is to
establish RACT for controlling the VOC emissions from the processing
operations which extract vegetable oil. Hexane extraction of vegetable
oil is known to cause substantial emissions of VOCs, and these are the
types of emissions that are controlled by Rule 461.2, not emissions
from vegetable oil. The EPA policy memorandum dated April 1991 (``The
Impact of Declaring Soybean Oil Exempt from VOC Regulations on the
Coatings Program'') specifically addresses cooking processes which use
vegetable oil. Besides, Rule 461.2 would not be considered defective
even if it adopted a more stringent definition of VOC than EPA.
(2) Specification of Control Equipment: The NCPA and Institute
commented that Rule 461.2 was defective because the rule specifies
control technology rather than a performance standard--the NCPA and the
Institute argue that this approach will reduce flexibility and
discourage innovation in identifying control equipment.
Response: Rule 461.2 provides that emissions from the
desolventizer-toaster or extractor be controlled either by use of a
condenser and mineral oil scrubber with a 90% control efficiency, or
with ``[a]n emission control device, with a combined capture and
control efficiency of at least 90 percent by weight, confirmed by
source testing.'' EPA interprets this provision of the rule as
establishing a performance standard rather than as establishing a
specific control technology in that alternatives to the condenser and
the scrubber are allowed as long as capture and control efficiency
performance standards are met.
Although the second requirement of Rule 461.2 (which states that
emissions from the desolventizer-toaster conveyor, cooler or tumbler,
be controlled with a mineral oil scrubber that has a combined capture
and control efficiency of at least 90 percent by weight) does designate
a specific control technology, EPA has not placed regulatory
restrictions on State and local agencies with respect to the range of
acceptable measures and/or performance standards that must be specified
in a RACT rule. EPA believes that the State should decide the degree of
flexibility to provide to regulated industry in selecting acceptable
control measures and/or performance standards.
EPA Action
EPA is finalizing action to approve the above rules for inclusion
into the California SIP. EPA is approving the submittal under section
110(k)(3) as meeting the requirements of section 110(a) and part D of
the CAA. This approval action will incorporate these rules into the
federally approved SIP. The intended effect of approving these rules is
to regulate emissions of VOCs in accordance with the requirements of
the CAA.
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 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.
Under section 307(b)(1) of the Act, petitions for judicial review
of this action must be filed in the United States Court of Appeals for
the appropriate circuit by March 21, 1994. Filing a petition for
reconsideration by the Administrator of this final rule does not affect
the finality of this rule for the purposes of judicial review nor does
it extend the time within which a petition for judicial review may be
filed and shall not postpone the effectiveness of such rule or action.
This action may not be challenged later in proceedings to enforce its
requirements. (See section 307(b)(2).)
List of Subjects in 40 CFR Part 52
Environmental protection, Air pollution control, Ozone,
Hydrocarbons, Incorporation by reference, Intergovernmental relations,
Reporting and recordkeeping requirements.
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.
Authority: 42 U.S.C. 7401-7671q.
Dated: December 16, 1993.
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)
(185)(i)(C)(5), and (187)(i)(A)(4) to read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(185) * * *
(i) * * *
(C) * * *
(5) New Rule 461.2, adopted on April 11, 1991.
* * * * *
(187) * * *
(i) * * *
(A) * * *
(4) New Rule 460.4, adopted on September 19, 1991.
* * * * *
[FR Doc. 94-1059 Filed 1-14-94; 8:45 am]
BILLING CODE 6560-50-P
