[Federal Register Volume 60, Number 206 (Wednesday, October 25, 1995)]
[Rules and Regulations]
[Pages 54595-54597]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 95-26456]
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ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 14-12-7054a FRL-5286-6]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Monterey Bay Unified Air Pollution
Control District
AGENCY: Environmental Protection Agency (EPA).
ACTION: Direct final rule.
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SUMMARY: EPA is taking direct final action on revision to the
California State Implementation Plan (SIP). The revision concerns the
rule from Monterey Bay Unified Air Pollution Control District
(MBUAPCD). This approval action will incorporate this rule into the
federally approved SIP. The intended effect of approving this rule 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 rule controls VOC emissions from leather
processing operations. Thus, EPA is finalizing the approval of this
revision 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 action is effective on December 26, 1995, unless adverse or
critical comments are received by November 24, 1995. If the effective
date is delayed, a timely notice will be published in the Federal
Register.
ADDRESSES: Copies of the rule and EPA's evaluation report is available
for public inspection at EPA's Region IX office during normal business
hours. Copies of the submitted rule is 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 95814.
Monterey Bay Unified Air Pollution Control District, 24580 Silver
Cloud Court, Monterey, CA 93940.
FOR FURTHER INFORMATION CONTACT: 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, Telephone:
(415) 744-1185.
SUPPLEMENTARY INFORMATION:
Applicability
The rule being approved into the California SIP includes Monterey
Bay Unified Air Pollution Control District (MBUAPCD), Rule 430, Leather
Processing Operations. This rule was submitted by the California Air
Resources Board (CARB) to EPA on July 13, 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 Monterey Bay. 43 FR 8964,
40 CFR 81.305. Because this area was unable to meet the statutory
attainment date of December 31, 1982, California requested
[[Page 54596]]
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)(H) 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. Monterey Bay is classified as moderate;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 of 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 (CTG's).
\2\Monterey Bay 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).
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The State of California submitted many revised RACT rules for
incorporation into its SIP on July 13, 1994, including the rule being
acted on in this notice. This notice addresses EPA's direct-final
action for MBUAPCD Rule 430, Leather Processing Operations. MBUAPCD
adopted Rule 430 on May 25, 1994. This submitted rule was found to be
complete on September 12, 1994 pursuant to EPA's completeness criteria
that are set forth in 40 CFR part 51 Appendix V3 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).
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Rule 430 controls the emissions of VOC from tanning and finishing
in leather processing operations. VOCs contribute to the production of
ground level ozone and smog. This rule was originally adopted as part
of MBUAPCD'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 this rule.
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). The CTG
applicable to Rule 430 is entitled, ``Air Emissions and Control
Technology for Leather Tanning and Finishing Operations (EPA-453/R-93-
025).'' 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.
MBUAPCD's submitted Rule 430, Leather Processing Operations, is a
new rule that will control VOC emissions from tanning and finishing
operations in the leather processing industry. The significant
provisions of this rule are:
1. Exemption of leather processing facilities with VOC emissions
less than 100 tons per year which are subject to Rules 416 & 429.
2. Reduction in the allowable VOC content of leather treatment
materials.
3. Emission restriction from the use of any specialty treatment
materials, which cannot be reformulated.
4. Requirement to use of transfer efficiency application methods.
5. Prohibitions of the use of toxic air contaminants or ozone
depleting compounds as substitutes for VOCs in reformulated coatings or
as clean-up solvents.
6. Daily & monthly recordkeeping requirements.
7. Specification of test methods to verify VOC content and
calculate combined efficiency of control equipment.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
MBUAPCD's Rule 430, Leather Processing Operations is being approved
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 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.
EPA is publishing this notice 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 December 26, 1995, unless, by November 24, 1995, 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 notice 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 December 26, 1995.
[[Page 54597]]
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).
Unfunded Mandates
Under sections 202, 203, and 205 of the Unfunded Mandates Reform
Act of 1995 (``Unfunded Mandates Act''), signed into law on March 22,
1995, EPA must undertake various actions in association with proposed
or final rules that include a Federal mandate that may result in
estimated costs of $100 million or more to the private sector, or to
State, local, or tribal governments in the aggregate.
Through submission of this state implementation plan or plan
revision, the State and any affected local or tribal governments have
elected to adopt the program provided for under Part D of the Clean Air
Act. These rules may bind State, local and tribal governments to
perform certain actions and also require the private sector to perform
certain duties. To the extent that the rules being approved by this
action will impose no new requirements; such sources are already
subject to these regulations under State law. Accordingly, no
additional costs to State, local, or tribal governments, or to the
private sector, result from this action. EPA has also determined that
this final action does not include a mandate that may result in
estimated costs of $100 million or more to State, local, or tribal
governments in the aggregate or to the private sector.
This action has been classified as a Table 3 action for signature
by the Regional Administrator under the procedures published in the
Federal Register on January 19, 1989 (54 FR 2214-2225), as revised by a
July 10, 1995 memorandum from Mary Nichols, Assistant Administrator for
Air and Radiation. The Office of Management and Budget (OMB) 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 18, 1995.
David P. Howekamp,
Acting 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 paragraph (c) (198)(i)(F) to
read as follows:
Sec. 52.220 Identification of Plan.
* * * * *
(c) * * *
(198) * * *
(i) * * *
(F) Monterey Bay Unified Air Pollution Control District.
(1) Rule 430, adopted on May 25,1994.
* * * * *
[FR Doc. 95-26456 Filed 10-24-95; 8:45 am]
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