[Federal Register Volume 59, Number 239 (Wednesday, December 14, 1994)]
[Unknown Section]
[Page 0]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 94-30510]
[[Page Unknown]]
[Federal Register: December 14, 1994]
-----------------------------------------------------------------------
ENVIRONMENTAL PROTECTION AGENCY
40 CFR Part 52
[CA 95-6-6691a; FRL-5118-8]
Approval and Promulgation of Implementation Plans; California
State Implementation Plan Revision, Placer County Air Pollution
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. The revisions concern a rule from
the Placer County Air Pollution Control District (PCAPCD). This
approval action will incorporate the 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).
In addition, the final action on this rule serves as a final
determination that the finding of nonsubmittal for this rule has been
corrected and that on the effective date of this action, any Federal
Implementation Plan (FIP) clock is stopped. 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.
EFFECTIVE DATE: This final rule is effective on February 13, 1995,
unless adverse or critical comments are received by January 13, 1995.
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
the 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 94105-3901.
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.
Placer County Air Pollution Control District, 11464 B Avenue,
Auburn, CA 95603.
FOR FURTHER INFORMATION CONTACT: Duane F. James, 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) 744-1191.
SUPPLEMENTARY INFORMATION:
Applicability
The rule being approved into the California SIP is PCAPCD's Rule
230, ``Plastic Products and Materials--Paper Treating Operations.''
This rule was submitted by the California Air Resources Board 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 the Placer County 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)(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(b)(2)(C) of the CAA, Congress
statutorily required nonattainment areas to submit reasonably available
control technology (RACT) rules for all major stationary sources of
VOCs by November 15, 1992 (the RACT catch-up requirement).
The Placer County area is classified as serious;1 therefore,
this area was subject to the RACT catch-up requirement and the November
15, 1992 deadline.2
---------------------------------------------------------------------------
\1\Placer County 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).
\2\California did not make the required SIP submittal by
November 15, 1992. On January 15, 1993, the EPA made a finding of
failure to make a submittal pursuant to section 179(a)(1), which
started an 18-month sanction clock. The rule being acted on in this
NFRM was submitted in response to the EPA finding of failure to
submit.
---------------------------------------------------------------------------
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 PCAPCD's Rule 230, ``Plastic Products and Materials--Paper
Treating Operations.'' PCAPCD adopted Rule 230 on June 28, 1994. This
submitted rule was found to be complete on July 22, 1994, pursuant to
EPA's completeness criteria that are set forth in 40 CFR part 51,
appendix V3 and is 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 230 controls VOC emissions from paper treating operations at
the Formica Corporation's Sierra plant, located in Sunset Whitney
Ranch, California. VOCs contribute to the production of ground level
ozone and smog. This rule was adopted as part of PCAPCD's effort to
achieve the National Ambient Air Quality Standard (NAAQS) for ozone and
in response to section 182(b)(2)(C). A similar rule was proposed by EPA
on February 14, 1994 (59 FR 23263-23605, May 5, 1994) as part of an
ozone attainment Federal Implementation Plan (FIP)4 with final
promulgation set for February 14, 1995. By taking final action on Rule
230, EPA does not anticipate the need to finalize action on the
comparable rule proposed in the ozone attainment FIP since both rules
achieve equivalent emission reductions. The following is EPA's
evaluation and final action for Rule 230.
---------------------------------------------------------------------------
\4\ The ozone attainment FIP is a court ordered requirement,
which applies to the Sacramento, Ventura, and South Coast ozone
nonattainment areas in California.
---------------------------------------------------------------------------
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.5 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.
---------------------------------------------------------------------------
\5\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
techniques guideline (CTGs).
---------------------------------------------------------------------------
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
``catch-up'' their RACT rules. See section 182(b)(2). For some
categories, such as paper treating operations, EPA did not publish a
CTG. In such cases, the state and local agencies may determine what
controls are required by reviewing the operation of facilities subject
to the regulation and evaluating regulations for similar sources in
other areas. Therefore, the PCAPCD must determine the VOC control
measures that are reasonable and available for Formica based on its
operations. Further interpretations of EPA policy are found in the Blue
Book, referred to in footnote 5. In general, these guidance documents
have been set forth to ensure that VOC rules are fully enforceable and
strengthen or maintain the SIP.
PCAPCD's Rule 230, ``Plastic Products and Materials--Paper Treating
Operations'' requires that phenolic and melamine resins used in paper
treating operations at Formica not exceed 1.75 and 0.1 pounds of VOC
per gallon, less water and exempt compounds, respectively. The VOC
content of resins is determined by EPA Method 24. Alternatively, non-
compliant resins may be used provided that emission control systems
with overall efficiencies (capture and control) of 85% are installed.
Capture efficiency is determined by the EPA protocol in 40 CFR
52.741(a)(4)(iii), and control efficiency is determined by EPA Method
25 or 25A. Final compliance with Rule 230 is required by February 1,
1995. A more detailed discussion of the source controlled, the controls
required, and the justification for why these controls represent RACT
can be found in the Technical Support Document (TSD) for Rule 230,
dated September 29, 1994.
EPA has evaluated the submitted rule and has determined that it is
consistent with the CAA, EPA regulations, and EPA policy. Therefore,
PCAPCD's Rule 230, ``Plastic Products and Materials--Paper Treating
Operations'' is being approved under section 110(k)(3) of the CAA as
meeting the requirements of section 110(a) and part D. Therefore, if
this direct final action is not withdrawn, on February 13, 1995, any
FIP clock associated with the finding of failure to submit is stopped.
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.
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 February 13, 1995, unless by January 13, 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 February 13, 1995.
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 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,
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: December 1, 1994.
Nora L. McGee,
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)(B) to
read as follows:
Sec. 52.220 Identification of plan.
* * * * *
(c) * * *
(198) * * *
(i) * * *
(B) Placer County Air Pollution Control District
(1) Rule 230, adopted on June 28, 1994.
* * * * *
[FR Doc. 94-30510 Filed 12-13-94; 8:45 am]
BILLING CODE 6560-50-P
